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(영문) 대전고등법원(청주) 2016.04.26 2015나10081

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. The following reasons are stated by the court of the acceptance of the judgment of the first instance.

2. In addition to the addition of the judgment part, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited by the main text

2. In light of the fact that the Plaintiff demanded the Defendant to change the criteria for the calculation of service cost from weight to load, and that the Defendant partially paid the service cost without raising any specific objection on or before March 3, 2014, and demanded the renewal of the period over two times, the Plaintiff asserted that the standard for the calculation of service cost under the instant service contract was changed from weight (metric) to load (metric) upon the conclusion of a contract by realization of intention under Article 532 of the Civil Act, but in full view of the purport of the entire pleadings in the evidence No. 18-1 to No. 3, and No. 5, the Defendant, through e-mail as of March 3, 2014, provided that the Defendant did not expressly agree to the Plaintiff that the unit price of the instant service contract was changed from weight to volume (metric) to volume (metric). In addition, the Defendant partially paid the service cost.

It is difficult to deem that the expression of consent is recognized solely on the ground that the contract period is requested to renew or the contract period is requested.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.