용역비
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport.
1. Around May 2016, the Plaintiff agreed to perform design services at KRW 13,00,000 upon receiving a request from the Defendant for a building design services for the Yongsan-si C Ground (hereinafter referred to as “instant land”).
The plaintiff completed and provided the above design service on August 2016, and the defendant is obligated to pay the plaintiff KRW 13,000,000 to the plaintiff.
2. We examine whether the above design service contract was concluded between the Plaintiff and the Defendant.
According to Gap evidence Nos. 1, 3, and 4, the defendant visited the plaintiff's office after the plaintiff's design service work is completed and affixed a seal on the "agent's power of attorney" (attached Form 5) of the Operational Rules of the Building Administrative System (Ordinance of the Ministry of Land, Infrastructure and Transport) so that the defendant may visit the plaintiff's office and conduct affairs, such as application for a building permit, application for perusal of the ledger, etc. through the building administrative system. The defendant requested the plaintiff to send the design drawing to the plaintiff as a main day on August 8, 2016, and it is recognized that the relevant design drawing was received as a main day on August 10, 2016.
(3) In light of the following circumstances, the evidence submitted by the Plaintiff and the above circumstances alone are insufficient to recognize the fact that a design service contract was concluded between the Plaintiff and the Defendant.
The plaintiff's claim of this case is without merit.
① The Plaintiff was entrusted by D with design service work for a building on the ground of the instant land at ordinary times, and the consultation work on the design service cost and the specific design content was also conducted as D.
D The design service agreement was concluded with the indication that the Defendant will revert to the rights and obligations under the design service agreement.
there is no evidence to acknowledge that the defendant gave D such power of representation.
② The Defendant’s objection.