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(영문) 수원지방법원안양지원 2015.05.15 2014가단17747
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 4, 2013, the Plaintiff’s construction cost of KRW 88,00,000 (including value-added tax) and the contract period of 2013 (including value-added tax) for the construction work of the basic design and the working design (electric facility design) (electric facility design) for the project for the undergroundization of the food sewage treatment plant in Gyeyang-si;

1. From April 2, 2013 to February 8, 2013, contracts were awarded, and the special conditions attached to the contracts prepared at the time of the contract shall be as follows:

(hereinafter referred to as “A” in this section). Article 1 (Payment of Contract Amount)

1.The contract amount shall be paid to Section B within the limits of the content and percentage of the service amount received by Section A for any task for which A performed by the ordering person.

In this case, where the rate of the Gap's approval for the implementation and business of Eul, the rate of the ordering person's approval, and the rate of the payment by the ordering person are different, the contract price is to be paid to Eul by applying the lowest rate of the work.

2. Although Party A’s claim for contract amount and Party A’s payment may not exceed the amount calculated by applying the lesser of the Gap’s approval and fairness rate for the implementation and operation of Party B, or the payment rate for the ordering person’s order, to the extent of the expiration rate of the service cost received by Party A from the ordering person, even if the last performance and operation of Party B have been supplied to Party A or the ordering person upon completion of the work.

(a) Article 2 (Settlement of Accounts)

2. Where Gap has no possibility or possibility to receive the service costs from the ordering person, or where it is difficult for the ordering person to perform a normal task or to perform a contract with Eul any longer because the service costs have been suspended for not less than three months, or the lawsuit filed by Gap against the ordering person is pending for a prolonged period, Gap may settle this contract with Eul.

3. In the settlement of accounts under other Sections A shall be the tasks that up to the extent of the content and ratio of the service cost received from the ordering person until the settlement of accounts.

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