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(영문) 대법원 2015.05.28 2015다4061
용역비 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court acknowledged the facts as indicated in its reasoning based on the adopted evidence, and, in a case where the circumstances revealed in the instant case, such as the motive and background leading up to the service cost agreement under the instant secondary contract, the purpose to achieve the agreement, and the party’s genuine intent, were comprehensively considered, and reasonably interpreted in accordance with logical and empirical rules, determined that the service cost under the instant secondary contract is 10% of the total sale area of the instant commercial building, which is the site of this case.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of logical and empirical rules

2. As to the ground of appeal No. 2, this part of the ground of appeal is with respect to the determination by the court below as to the assumptive judgment, and as long as the judgment by the court below is just, this part of the ground of appeal cannot be accepted without considering the legitimacy of the as

3. The appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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