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(영문) 서울중앙지방법원 2020.06.10 2019나73958

용역비

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 1,4980,000 won to the plaintiff as well as on January 6, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who provides consultation on the certification, etc. of the energy efficiency rating of a building under the trade name of “C,” and the Defendant is a corporation that conducts an investigation, etc. on educational facilities as its duties.

B. On November 22, 2016, the Plaintiff and the Defendant entered into a business partnership agreement (hereinafter “instant agreement”) and the main contents thereof are as follows.

The plaintiff and the defendant shall jointly conduct research services and business affairs related to the certification of green buildings, etc. in partnership.

In relation to partnership affairs, the following affairs shall be allocated:

If the total service amount of the defendant or the plaintiff at the time of joint receipt of contracts does not exceed 30 million won, the service participation rate shall be 30% and 70% of the defendant.

C. On April 2017, the Defendant received from D Co., Ltd. (hereinafter “Nonindicted Company”) a supply of “environment-friendly basic and shop design services” (hereinafter “instant services”) among the design services for the E Middle School New Construction Works to KRW 27 million (including value-added tax).

Specific details of the instant service are ① preliminary certification of green buildings, ② preliminary certification of building energy efficiency rating, ③ preliminary certification of BF (Fe, living environment without obstacles), and ④ preparation of energy saving plans.

(hereinafter referred to as “services”) D.

On June 5, 2017, the Plaintiff submitted a written estimate of service amounting to KRW 27 million to the Defendant regarding the instant service (i.e., KRW 7., KRW 750,000,000, KRW 77550,000, KRW 77550,000, KRW 3.5 million).

E. On January 5, 2018, the Plaintiff submitted the instant service performance to the Defendant, and thereafter, the Defendant received full payment of KRW 27 million from the Nonparty Company.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-8, Eul evidence Nos. 1 and 2, F’s testimony of witness of the first instance trial, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion completed the whole service of this case.

And this case.