beta
(영문) 서울고등법원 2016.05.26 2015나2067992

설계용역비

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain in this judgment are as follows: (a) the part of the reasoning of the judgment of the court of first instance is used as follows; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment of the defendant as stated in Paragraph (3) below; and (c) thus, it is accepted in accordance with the main sentence

2. Parts to be dried;

A. Article 12 subparag. 3 of the judgment of the first instance court provides that “The only entry of evidence Nos. 8, 9, and 3 in evidence No. 8, and 3 of the judgment of the first instance shall be written” with the following: “All evidence submitted by the Defendant to the trial by the trial, including the entry of evidence No. 8, 9, and 3 of the evidence No. 3, and the circumstances surrounding the assertion.”

(b)the following shall be added between conduct 9 and 10 of the first instance judgment:

【The Defendant also argued that the Plaintiff’s claim for remuneration was conditional on the condition that C would acquire the instant project site. However, on April 8, 2013, the Plaintiff was unable to claim remuneration under Article 61 of the Commercial Act, as C was unable to receive a successful bid for the said project site. However, the Plaintiff’s claim for remuneration cannot be made against the Defendant under Article 61 of the Commercial Act. However, the mere fact that all the evidence submitted by the Defendant up to the trial and the circumstances of its assertion alone cannot be acknowledged that there was a conditional agreement as alleged above between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it. Therefore, the Defendant’s claim on the premise that the said conditional agreement exists in the Defendant’s claim

C. From 13th to 14th of the judgment of the first instance court, the following parts are followed: “The defendant shall have to determine the amount of remuneration to be paid to the plaintiff by the defendant to the plaintiff at KRW 40,000,000.”

Plaintiff

In addition, the evidence submitted by the Defendant to each trial and the circumstances surrounding the assertion shall be considered.

Even if the defendant is liable to pay the plaintiff, the amount of remuneration.