용역대금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. Facts of recognition;
A. On January 2, 2014, the Defendant entered into a contract for the dispatch of professional advisers (hereinafter “instant dispatch service contract”) with the Korean Association of Middle-Standing Enterprises (hereinafter “Association of Middle-Standing Enterprises”) which is an incorporated association, and performed the instant dispatch service in the form of dispatching advisory manpower, including the Plaintiff, to “C” affiliated with the said association in order to provide advisory services under the said contract.
B. In order to perform the instant dispatch service, the Defendant entered into a consulting service contract with the Plaintiff on December 31, 2013 (hereinafter “instant advisory service contract”). Under the said contract, the Plaintiff provided advisory services in C from January 1, 2014 to December 12 of the same year.
C. In the instant advisory service agreement, the Defendant agreed to pay the Plaintiff KRW 10 million per month as fixed advisory fees, and the Plaintiff received KRW 120 million from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-1 and 13, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff asserted that the advisory service contract of this case was concluded on the premise that the Plaintiff would provide advisory services at KRW 10 million per month for 100,000 per year and agreed to be paid KRW 120,000 per month for 10,000 per hour exceeding 1,00 hours. Since the Plaintiff provided advisory services at a total of 1,221 hours per year to the Defendant, the Defendant should pay advisory fees of KRW 26,520,00 (x 120,000) equivalent to 221 hours exceeding 221 hours exceeding the Plaintiff. The Defendant asserted that the advisory service contract of this case was concluded on the condition that the Plaintiff would pay fixed service costs of KRW 10,00 per month, and that it cannot respond to the Plaintiff’s claim on the ground that there was no other agreement to pay additional advisory fees.
B. According to the instant advisory service agreement, the Plaintiff’s advisory services are provided.