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(영문) 서울중앙지방법원 2019.09.05 2018가단5214381
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 56,045,00 to the Plaintiff (Counterclaim Defendant) and its amount from October 25, 2018 to September 5, 2019.

Reasons

1. 20% within 10% after completion of project approval within 101,90,000 after receipt of project approval from the Consultative Committee on the MP of LH Corporation 50,950,000 at the time of receipt of the basic fact payment rate (excluding value-added tax, excluding value-added tax), 10% within 10% within 10 days after delivery of construction work drawings for 152,850,000 and 10% within 10% after delivery of 10% within 10 days after completion of project approval;

A. On October 20, 2017, the Plaintiff and the Defendant entered into a design service contract with the content that: (a) the Plaintiff will perform building design services for new construction works; and (b) the service price shall be KRW 509,500,000 (excluding value-added tax); (c) if the payment is paid in installments, the Plaintiff would be paid in installments as follows:

B. On January 12, 2018, the Defendant paid KRW 30,000,00 to the Plaintiff as down payment, and on April 20, 2018, the remainder down payment was paid KRW 20,996,260.

C. On May 10, 2018, the Plaintiff prepared an application for MP advice on the D Housing Construction Plan (hereinafter “D Housing Construction Plan”) and submitted it to the Defendant, and the Defendant received the said application to the Korea Land and Housing Corporation on May 25, 2018.

After that, on June 12, 2018, the Korea Land and Housing Corporation has held DP meeting for housing construction projects.

E. On August 29, 2018, the Defendant notified the Plaintiff of the cancellation of the instant contract on the ground that it is difficult to perform the Plaintiff’s duty of good faith due to the lack of consultation and reflection on the Defendant’s requirements.

On September 5, 2018, the Plaintiff requested the Defendant to pay the design service cost of KRW 50,950,000 (excluding value-added tax) and notified the Defendant that the Defendant’s claim for cancellation cannot be accepted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including additional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the main claim, the plaintiff and the defendant receive an application for MP advice on housing construction plan (draft) in the contract of this case to the Korea Land and Housing Corporation.

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