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(영문) 서울중앙지방법원 2014.08.14 2013가합29870

용역비 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff, based on the trade name of D, was a company established by the individual business entity E to convert the business entity into a corporation, and the assets and business entity were comprehensively comprehensively transferred from D.

F was the head of G pastor, the representative of the defendant, and the head of the finance division of the defendant foundation, and H is F and middle school Dong and middle school Dong and spath.

[Ground of recognition] In the absence of dispute, Gap 12's evidence 1 to 3, witness H's assertion of the plaintiff's testimony by H was requested by experts in funeral facilities for H to undertake the business of constructing funeral parks and wing houses (hereinafter "the business of this case") on the site within the Jyang-si's Jyang-si located in the original city.

H requested K, who is a funeral facility planning and construction expert, to conduct legal review of the project of this case, problems of site utilization, affairs related to authorization and permission, neighboring residents' civil petition treatment, design and construction planning (hereinafter "the project of this case"), etc. From February 8, 201, K performed the project of this case for about one year and nine months from February 8, 201.

On August 28, 2011, damage E due to nonperformance: (a) submitted to the Defendant “the basic planning plan plan plan plan plan plan plan plan plan (hereinafter “instant report”) regarding the instant project as part of the instant project; (b) the instant report states that the design service cost, including the authorization and permission cost, is KRW 1.684 billion (excluding value-added tax); (c) the Defendant’s representative G pastor instructed F to proceed with the instant project on or around August 201; and (d) the heads, including the F and M assistant pastor, who received the instant report, did not raise any particular objection; and (e) therefore, it should be deemed that the instant contract was concluded between E and the Defendant at least on August 28, 2011 with respect to the instant project as KRW 1.85 billion (including value-added tax).

E and its businesses comprehensively take place.