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(영문) 서울동부지방법원 2018.03.14 2017가단2800

설계대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts interior construction business, etc., and the Defendant is a cartoon & hub franchise business operator of “C”.

B. On March 30, 2016, the Plaintiff entered into a contract with the Defendant to conclude a contract with the term of 368,500,000 won (including value-added tax; hereinafter the same shall apply), the construction period from April 1, 2016 to May 15, 2016, and entered into the contract with the Defendant’s franchise store (C) on several occasions, including the completion of human test work.

C. On February 6, 2017, the Plaintiff issued a tax invoice consisting of KRW 50,600,000 (including value-added tax; hereinafter the same shall apply) with the supply value of eight items, including the Plaintiff, the recipient, the Defendant, and the product design.

[Ground for Recognition: Facts without dispute, entry of Gap 1, 2, 13, and 69 Evidence, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion (1) The plaintiff's assertion (A) is entrusted by the defendant's side, and the plaintiff entered into a design service contract with the defendant's franchise store "F" (Gum-spaak, inspection team, research team, Gum-dong, Gum-U.), and "C (Gum-U.)," and "B" store (Gum-U.) store, and completed the design service accordingly, and requested the defendant to pay the design cost accordingly, but did not receive it. The defendant is obligated to pay the plaintiff a total of KRW 50,60,000 for the above design cost.

(1) The Plaintiff, at the request of the Defendant, failed to receive KRW 27,500,000 per additional design cost per unit of 5,500,000,000. The Defendant is obligated to pay the above additional design cost to the Plaintiff.

(hereinafter referred to as “B argument”). (2)