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(영문) 서울고등법원 2020.02.07 2019나2012884

용역비

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a school foundation that has established a F University (hereinafter “Defendant School”) for the purposes of higher education and early childhood education, and the Plaintiff is a person who has entered into a service contract with the president of the Defendant School by organizing a joint contractor with C Co., Ltd. (hereinafter “C”), D Co., Ltd. (hereinafter “D”), and E Co., Ltd. (hereinafter “E”).

B. The Defendant school’s contribution project promotion 1) During the process of transferring the “H Team in the GG Group (hereinafter “instant unit”) located in the vicinity from around 2012 to expand the school site, the Defendant school purchased the site where the said unit is located in lieu of providing a new site and buildings to the said unit, and transferred the donation to the effect that it is used as the school site (hereinafter “instant donation concession project”).

(2) On October 8, 2013, the Defendant school notified the Incheon Metropolitan City of the reflection of the formulation of an urban management plan (revision), and submitted a draft for modification of the urban management plan (schools) in Incheon Metropolitan City. The Defendant school announced the public announcement on October 15, 2013 in order to promote the gift concession project in this case.

3) On October 25, 2013, the instant contracting body submitted a tender, etc., and the Defendant school selected the instant contracting body as an eligible person to negotiate the instant contracting body. (C) The Defendant school concluded a service contract (hereinafter “instant service contract”) with the Plaintiff, the representative of the instant contracting body, as the principal contractor, around December 2013, in order to promote “the formulation of an urban management plan for the designation of school facilities, the approval of a letter of agreement for the project for the relocation of national defense and military installations, and the construction of alternative facilities,” etc.

The terms and conditions of the instant service contract and the general terms and conditions of the service contract are as follows.

The service contract of this case

1. Name of service: