용역비
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The term of the Plaintiff’s grounds for appeal is governed by the precedent of the first instance judgment.
A. We do not accept the Plaintiff’s assertion that the instant service contract’s nature of the instant service contract is a business right transfer contract.
(1) If a party to a contract prepares in writing a disposal document, the content of a contract shall not be cited in the phrase used in the document, but it shall reasonably interpret the objective meaning that the party gives to the expression in writing, regardless of the party’s internal intent. In this case, if the objective meaning of the text is clear, the existence and content of the expression of intent shall be acknowledged according to the language, unless there are special circumstances.
However, if it is recognized that there is an explicit or implied agreement different from the description even if it is a disposal document, the fact that is different from the description may be recognized.
(2) The scope of services to be performed by the Plaintiff and the cost of services to be performed by the Plaintiff under the instant service contract (A) (see, e.g., Supreme Court Decision 2010Da81957, Jan. 27, 2011).
(3) Under the instant service contract, if the service cost exceeds KRW 2 billion and the profit of the instant project exceeds KRW 13.29 billion, the PM service cost consisting of more than 40% of the excess profit, and ② the agency service cost that pays KRW 30 million per month (excluding value-added tax).
The Plaintiff asserts to the effect that the instant service contract is of the nature as a transfer of business right with the cost of MF services. However, not having established the cost of PE services, but has been paid according to whether the instant contract was sexually executed at each stage of the instant project (Article 5(1) of the contract). Therefore, it can be seen that the relevant service cost refers to the cost of transfer of business right or suggests the nature of transfer of business right.