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(영문) 서울중앙지방법원 2015.03.20 2014가합547283

용역비

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. From around 2012, the Defendant, under the supervision of the National Academy of Sciences of the East National University of Germany, was running a project to build a hub for cultural heritage recorded in Buddhist (hereinafter “instant project”).

The project of this case is a project that performs the collection and historical work of the Buddhist archives and is equipped with storage system by digitalizing the results, and refers to the national subsidy and the defendant's own funds.

B. The Plaintiff is an individual business operator who runs the photographing business with the trade name of “B,” and the Plaintiff’s husband C actually operates the said business entity.

Around March 2012, the Defendant (hereinafter “instant service”) left the Plaintiff with the photographing work of the confidential records, such as classical literature, among the instant business.

The specific content of the instant service is to take pictures of Buddhist records kept by the Plaintiff in the temple, etc. and provide the Defendant with a photographic file, which is the result thereof.

C. The term “a service contract concluded on March 2012 between the Plaintiff and the Defendant” (hereinafter referred to as “the service contract for the year 2012”).

The main contents of Article 2 (Service Period) (1) to (8) are as follows. The service period described in the contract from March 1, 2012 to February 28, 2013 shall be from February 2012 to February 28, 2012. < Amended by Presidential Decree No. 23602, Feb. 28, 2012> The service period may be extended if the instant project under Party A (Defendant) continues to be implemented as a project after the expiration of the service period.

1. Total amount of service charges: 250,000,000 won including value-added taxes;

2. The total amount of work performed when agreement with Gap is reached, regardless of the degree of difficulty of the work performed in spite of the service cost calculation criteria set forth in the preceding paragraph, in cases where agreement is reached with Gap as a result of the difficulty of the work performed, the total amount of work shall be 31,000 to 20,000 to 7,000 to 140,000 to 110,000 to 110,000 to 110,000 to 250,000 to 20,000 to 31,00 to 20,000 to 1,00 to 20