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(영문) 대구지방법원 2019.12.11 2019나312737

용역비

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that engages in the architectural design business, and the Defendant is a person who engages in the architectural design service business.

B. On October 17, 2016, the Defendant entered into a design service contract with C (hereinafter “Nonindicted Company”) with respect to the new construction of Kimcheon-si Building (hereinafter “instant building”) in which the contract amount is KRW 216,300,000 (excluding value-added tax).

C. On October 31, 2016, the Plaintiff entered into a technical service contract with the Defendant to accept a subcontract for electricity, information and communications, and fire-fighting (electric fields) working design services of KRW 20,00,000 (excluding value-added tax) with respect to the instant building.

(hereinafter “instant subcontract”). D.

The Plaintiff completed the design service under the instant subcontract and rendered a construction permit on March 17, 2017.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion completed the subcontracted design service from the Defendant. As such, the Defendant is obligated to pay the Plaintiff the design service cost of KRW 22,00,000 (including value-added tax) and damages for delay. 2) The Defendant’s assertion is that the parties to the instant subcontract are corporation E, and thus, the Defendant’s claim against the Defendant, not the

The Defendant terminated the design service contract with the non-party company as of March 19, 2017, notified the Plaintiff that the contract was terminated by wire and that the Plaintiff was responsible for the settlement of the design service cost. As such, the Defendant did not have a duty to pay the design service cost to the Plaintiff.

B. The question of who the party to the final contract is the party involved in the contract is the interpretation of the intent of the party.

If the parties agree with each other, the contract shall be executed according to that intent.