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(영문) 춘천지방법원원주지원 2020.02.19 2018가단308084

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 March 31, 2016, the Plaintiff entered into a contract between the Defendant and the Defendant for the design service for the extension of B-style houses (hereinafter referred to as “instant contract”) on the contract amount of KRW 79,559,00 (value 72,326,364, value 7,232,636, value 7,636), April 5, 2016 on the commencement date, and July 3, 2016 on the completion date (i.e., the date of completion).

On the other hand, when concluding the above contract, the Plaintiff and the Defendant included the general terms and conditions of the service contract, design documents (design service specifications) as part of the contract contents, including the following contents:

The definitions of terms of use in this Chapter of the General Conditions of the Service Contract (Definitions) shall be as follows:

1. The term “person ordering” means the president of the Korea Electric Power Corporation (hereinafter referred to as the “competent company”) or a person delegated by him;

2. The term “contractor” means either a natural or legal person who has entered into a service contract with us or with an authorized person;

3. The term “contracting staff in charge of contracts” means the staff who is delegated with the authority in relation to a service contract from us or from the delegated person;

5. The term “design” means service specifications, design drawings and specifications;

6. The term "basic business" means the business to be conducted by the counter-party to a contract, which is the business specified in a written business content;

7. The term "additional duties" means services, other than the basic duties, entered in the business contents in addition to the basic duties or ordered or approved by the ordering person in addition to the additional duties in order to achieve the purpose of the contract;

8. The term "special affairs" means services not falling under subparagraphs 6 and 7, which are entered in special affairs items in terms of special affairs, etc. or which the ordering person instructs or approves the execution thereof for purposes other than the purpose of a contract;

10.Except as otherwise provided for in this condition, the Enforcement Decree of the Act on Contracts to which the State is a Party, the Enforcement Rule of the Act on Contracts to which the State is a Party,