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(영문) 서울중앙지방법원 2017.08.09 2016가단5152472
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 53,90,000 and the interest rate of KRW 15% per annum from July 14, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On August 1, 2015, the Plaintiff concluded a service contract for the construction of the postal insurance smart subscription system with the Defendant (hereinafter “instant contract”) and agreed to pay the contract amount of KRW 182,490,000 (cost 49,000,000, service cost of KRW 116,900,000, value-added tax, value-added tax of KRW 16,590,000,00), and the payment terms and conditions for the payment of the payment at the time of payment to the postal service information center, the original owner of the postal service information center, and the service cost shall be paid at the end of the following month.

Detailed matters concerning service costs shall be as follows:

Article 6 (Service Price) The service unit price under the contract of this case shall be calculated individually by the dispatched personnel, and the service unit price for each dispatched personnel shall be determined separately by the specifications of input personnel.

(2) The sum of the expenses incurred in issuing the order for additional tax on October 30, 2015 shall be KRW 22,400,000 and KRW 11,700,000 for each additional tax on August 31, 2015 and KRW 26,300 for each additional tax on September 30, 2015; and KRW 26,300,000 for each additional tax on October 30, 2015; and KRW 22,40,000 for each additional tax on December 31, 2015; and KRW 14,60,000 for each additional tax on December 31, 2015; and KRW 7,80,000,000 for each additional tax on January 29, 2016; and KRW 90,000 for each additional tax on the last day of February 29, 2016.

B. Until January 2016, the Plaintiff provided services under the instant contract, and the Defendant paid KRW 128,590,000 (value added tax of KRW 116,90,000, value added tax of KRW 11,690,00) for input personnel out of the said contract amount.

On the other hand, the defendant was fully paid service charges for the service of this case by the postal service information center.

2. Determination

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant shall be bound by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 14, 2016 to the date of delivery of a copy of the instant complaint, as sought by the Plaintiff, to the day of full payment, as well as KRW 53,90,00 (182,490,000) payable to the Plaintiff (128,590,000), barring any special circumstance.

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