beta
(영문) 창원지방법원통영지원 2016.01.28 2015가단21362

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2014, the Defendant asserted as C’s agent entered into a standard contract for design and civil engineering works (hereinafter “instant standard contract”) with the Plaintiff operating the D Civil Engineering Design Office, both E and 36 parcels (hereinafter “instant land”).

B. On April 29, 2014, the Defendant entered into a civil engineering and construction design service contract (hereinafter “instant service contract”) with the Plaintiff on the instant land as a project site, which provides services for the preparation of design drawings and specifications and bridges drawings (including structural review).

C. The primary construction cost under the standard contract of this case is 440 million won. Among them, the design cost (including structural review and bridge design) is 110 million won (civil engineering design cost: 70 million won, construction design cost: 40 million won).

The service cost under the instant service contract is KRW 110 million (excluding value-added tax), and the total amount of the design cost was determined to be offset by payment in kind and offset after permission.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant, by forging C’s seal and exercising a certificate of personal seal impression without authority, by deceiving the Plaintiff and the observer F to enter into the instant standard contract for construction work amounting to KRW 693,00,000. 2) The Plaintiff trusted the Defendant, prepared a design drawing in accordance with the instant standard contract, and completed all the application documents for authorization and permission.

3) The Plaintiff only received the authorization and permission documents attached to the Defendant and C’s additional documents, and the Defendant did not cooperate at all from this time. 4) The Defendant, as an unauthorized agent, is liable to perform the standard contract of this case pursuant to Article 135(1) of the Civil Act.

(b).