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(영문) 대구지방법원 2019.08.27 2018가단113918
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was authorized to establish a branch office on October 20, 2013 by an incorporated association E established for the purpose of promoting the balanced development of sports in the community and promoting citizens’ health and active leisure activities through sound camping districts, and promoting mutual friendship and improving the athletic performance, and obtained approval from the North Daegu Tax Office on January 28, 2015.

B. On August 25, 2014, the Plaintiff entered into a technical service contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) for “a river site occupation permit for the creation of the camping ground, etc.” (hereinafter “Gri service contract”). The main contents are as follows, and the Plaintiff paid the Defendant Company KRW 43,560,000 (a down payment of KRW 39,60,000,000) as down payment on the day.

Service Amount: 180,000,000 (Additional Tax Table): F from the date of the contract to the date of completion of the task;

C. In addition, on September 14, 2014, the Plaintiff entered into a technical service contract (hereinafter “H interest service contract”) with the Defendant Company for “I assistive Camping Party’s river site occupation permit” (hereinafter “H). The main contents are as follows. The Plaintiff paid to the Defendant Company KRW 23,60,000,000, in total, with the service cost of KRW 16,800,000 on October 1, 2014, and KRW 6,800,000 on December 5, 2014.

H Service Costs: the service period of KRW 56,00,000 (Additional Tax Table): the fact that there is no dispute (based on recognition), each entry in the evidence of subparagraphs A1 through 3 (including each number), and the purport of the whole pleadings from the contract date to the completion of the task.

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant Company did not entirely perform the service under the Gri Service Contract and Hri Service Contract (hereinafter “each of the instant services contract,” including the two services contracts), and thus, the instant service contract is rescinded as a duplicate of the instant complaint.

In addition, the defendants are all the defendants.

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