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(영문) 서울중앙지방법원 2019.10.25 2018가합530535
용역비
Text

1. The Defendant: (a) KRW 342,100,000 for the Plaintiff and 5% per annum from September 28, 2017 to May 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of construction design service supervision, etc., and the Defendant is a company established for the purpose of real estate consulting business, construction business, etc.

B. On June 26, 2017, the Plaintiff and the Defendant concluded a contract (hereinafter “instant design service contract”) with the content that the Plaintiff would perform design services relating to new construction works on the Gangwon-si and D ground main complex in the total amount of construction cost of KRW 884,671,00 (Additional Tax Map) (hereinafter “instant design service contract”).

When construction permission of KRW 84,000 is received at the time of completion of construction deliberation of KRW 252,000: When completion of construction permission of KRW 84,000: When completion of construction permission of KRW 168,000: When completion of construction permission of KRW 84,000: When completion of construction report of KRW 84,000,000: The remainder when receipt of usage inspection of KRW 88,671,000 is completed at the time of completion of construction report of KRW 84,000:

C. The Plaintiff and the Defendant agreed to pay the service cost in the instant design service contract as follows.

The Plaintiff performed design services in accordance with the instant design service contract, and the Defendant was notified of the results of traffic impact assessment on September 27, 2017.

E. However, among the down payment, the Defendant paid to the Plaintiff KRW 25,000,000 on June 26, 2017, which was the date of concluding the instant design service contract, and KRW 10,000,000 on October 10, 2017, which was subsequent to the notification of the result of the deliberation of the traffic impact assessment as a result of the foregoing traffic impact assessment, and KRW 25,00,000 on October 25, 201 of the same year, and KRW 5,00,000 on November 5, 19 of the same year, and did not pay the remainder of the service payment.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 4 (including virtual numbers) and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant’s payment of KRW 59,00,00 for down payment to the Plaintiff (=84,000,000 - KRW 25,000,000) and for the payment of KRW 252,00,000 for the completion of traffic impact assessment and value-added tax of KRW 31,10,000,000 (=31,000,000 x 10%) for the total amount of KRW 342,100,000, which is the day following the date of notification of the results of traffic impact assessment as sought by the Plaintiff, and as a result, a copy of the instant complaint from September 28, 2017, which is the day of notification of the results of traffic impact assessment.

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