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(영문) 서울동부지방법원 2014.12.09 2013가단111522

용역비

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1, 3, Eul evidence 1 through 8, the purport of all pleadings);

A. On January 31, 201, the Plaintiff (mutual: D) entered into a contract with the Defendant Company B (hereinafter “Defendant Company”) on the terms of contract from February 1, 2011 to January 31, 2012; the payment is 60% of the Defendant Company, 40% of the Plaintiff Company, and in the case of the projects outside Korea MM, for the projects outside Korea, 50% of the Defendant Company, 50% of the project; in the case of projects contracted by the Defendant Company, 50% of the Defendant Company, 50% of the project; in the case of projects contracted by the Defendant Company, 30% of the Defendant Company, 70% of the Plaintiff Company, and 70% of the Plaintiff Company, and immediately paid in cash (a separate contract) at the original office, and other financial expenses and taxes, with the intention to pay expenses, respectively, to conclude the contract for the design of the automobile (hereinafter “instant 1”).

B. On May 25, 201, the Defendant Company requested cooperation from the Plaintiff on the ground that the method of paying the price of the original office building was changed, and the Defendant Company sent a notice to the effect that the instant primary contract will be terminated as of May 31, 201, because it did not find any agreed point.

C. Accordingly, on May 31, 201, the Plaintiff entered into a contract with the Defendant Company during the contract period from June 1, 2011 to January 31, 2012, and the payment amounting to KRW 8 million per head of the Korean branch of MM x 2, and KRW 4 million per person of the external work and KRW 2,4 million per month x 2,000,000 per person of the external work, and entered into a contract for service alteration (hereinafter “instant secondary contract”).

The Plaintiff provided services according to the instant 1 and 2 contracts and received full payment from the Defendant Company for services under the said 1 and 2.

E. On August 16, 2012, the Defendant Company committed unfair trade practices, such as unilaterally and unfavorably changing the terms and conditions of payment to the Defendant Company by the Korea Branch Co., Ltd., the original office building.