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(영문) 서울중앙지방법원 2020.01.08 2019나23939

용역비

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Facts of recognition;

A. On September 4, 2017, the Plaintiff entered into a contract on entrustment of business (hereinafter “instant entrustment contract”) with the Defendant on the following terms and conditions.

Contract name: The contract name: the period of the planning entrustment of UX mobile franchise: the amount as of August 21, 2017 through September 20, 2017: the conditions under which the total amount and the monthly payment will be calculated on the basis of the actual project input date of the 6,200,000 won (payment after deduction of 3,3% of income tax): the conditions under which the calculation will be made on the basis of the total amount and the monthly payment: October 20, 2017.

B. Under the instant consignment contract, the Defendant agreed that the instant consignment contract may be terminated or rescinded in the following cases:

(see Article 12). 1. When the defendant's customer terminates a contract with the defendant.

2. Where the contract period between the defendant and the defendant's customer company expires;

3. Where it is no longer necessary for the defendant to carry out the main affairs due to the project problems that the defendant proceeds.

4. Where the plaintiff acts or is likely to act significantly undermining the defendant's credit.

5. Where the plaintiff has a serious problem in performing his/her main business;

6. Where the Plaintiff violated the terms and conditions of this contract relating to the performance of its main business;

7. Other similar cases:

C. From August 21, 2017, the Plaintiff performed UX planning work under the instant consignment contract, and the Defendant notified the Plaintiff of the termination of the instant consignment contract on September 13, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff performed UX planning work pursuant to the instant consignment contract from August 21, 2017 to September 13, 2017. The Defendant notified the rescission of the instant consignment contract on September 13, 2017 without any justifiable reason, and without paying KRW 6,200,000 according to the instant consignment contract, and accordingly, the Defendant is obligated to pay the Plaintiff the service cost.

B. The defendant's assertion is the defendant.