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(영문) 서울고등법원 2015.06.26 2014나44606

용역대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

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Reasons

1. The reasoning of the court's explanation concerning this case is as follows. Thus, it is consistent with the reasoning of the first instance court's judgment, except for the case's dismissal of part of the judgment of the first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

◎ 고쳐 쓰는 부분(제1심 판결 제8면 5행 ~ 10행) 가사 이 사건 용역계약이 피고와 B 사이에 도급공사 약정이 체결될 것을 전제로 하였더라도 원고의 귀책사유로 인하여 피고와 B 사이의 협상이 중단되었음을 인정할 만한 증거는 없다

[This case’s service contract Article 6 provides that the Defendant shall satisfy the requirements required prior to the conclusion of the contract for construction work in B (including data for the passage of the chief Justice, land-related matters, organization of association members, etc.). And as if acknowledged by the respective descriptions of the evidence Nos. 6, 7, and 8 (including the number of branches), it is reasonable to deem that the Defendant still requested the Plaintiff to review the agreement on construction contract in the course of promoting the conclusion of the construction contract and the construction contract with the Plaintiff after the suspension of negotiations with B, and the Plaintiff sent the written opinion and modified agreement to the Defendant, and based on this, the Plaintiff sent the written opinion and modified agreement, etc. to the Defendant on the basis of which the contract for construction contract was concluded between the Defendant and the Scar Construction.

In addition, according to the above evidence, from around December 2012 to July 2013, the Plaintiff: (a) drafted and revised a reply to the Ulju-Gun Office’s corrective measures against the instant project; and (b) filed a written application against the Ulsan Metropolitan City Mayor, etc. to send it to the Defendant; and (c) recognized that the Plaintiff performed affairs related to the instant association, such as the review of Asian trust and proxy service contract; (d) a notice of change of trust company to members; (e) a review of general meeting notice; and (e) a provision of various forms of forms; and (e) accordingly, the Plaintiff’s above assertion based on the premise

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