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(영문) 서울중앙지방법원 2016.01.20 2015가단5075417
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 190,975,00 and the interest rate of KRW 15% per annum from April 4, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On June 28, 201, the Defendant entered into a contract with the Plaintiff for the design and supervision services of the newly constructed construction project on the B and C’s land in Yangju-si (hereinafter “instant contract”) with the Plaintiff at KRW 306,00,000,000 in total (the design cost of KRW 167,000,000,000, value-added tax separately), and agreed on the timing of payment as follows.

B. On June 4, 2012, the Defendant agreed to terminate the contract for new construction works with A, and the Plaintiff supervised the construction for five months until then, and A received a construction permit from both Sis on June 14, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 and 2, the purport of the whole pleadings

2. Defendant’s obligation to pay the price

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the cost of design service under the instant contract and the cost of supervision service for the five-month period from January 4, 2012 that the Plaintiff commenced supervision to June 4, 2012. However, the Plaintiff is obligated to receive KRW 59,400,00 among them. Thus, the Defendant is obligated to pay the Plaintiff KRW 190,700 [16,275,000 (16,000 value-added tax of KRW 16,70,000) for the design service cost of KRW 183,70,000 (366,250,250,000 (4,000,000,11,250,000) x 6,25,005,000].

B. As to the above, the Defendant agreed to pay the design and supervision service cost that the Defendant is obligated to pay to the Plaintiff on behalf of the Plaintiff, and thus, did not accept the Plaintiff’s claim.

According to the statement of evidence Nos. 2, the defendant's written agreement with A while terminating the above agreement is extended to KRW 80,772,00 and the date of completion.

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