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(영문) 서울중앙지방법원 2014.09.03 2013가단216042
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation that operates the design and supervision of architectural machinery and equipment, and the defendant is an individual who operates the architectural office.

B. Upon the Defendant’s request, the Plaintiff provided design services for the Hongdong Housing, the Dosung Welfare Center, and the Seongbukdong Housing, but did not prepare the contract at the time and did not specify the design service cost in detail.

C. The Defendant paid to the Plaintiff KRW 3 million around March 23, 2009 and KRW 4 million in total as design service cost around February 12, 2010.

On September 22, 2011 and December 15, 2011, the Plaintiff claimed the Defendant to pay the design service cost of KRW 36.5 million calculated as follows:

The claim amount of the remaining balance of the service life deposit and the payment for the completion of the contract deposit shall be KRW 30 million,00,000,000 ( March 23, 2009) KRW 27 million,000,000,000,000 won for KRW 7 million,000,000,000,000 won for the Dosung-dong Housing ( February 12, 2010), KRW 1 million,00,000,000,000 in total, KRW 44 million,00,000,000 won for KRW 4 million,000,000,000 in total, KRW 33,6.5 million,000.

E. The Defendant paid to the Plaintiff KRW 1 million on June 7, 2012, and KRW 1 million on August 1, 2012 as design service cost.

[Judgment of the court below] The ground for recognition is without merit, Gap's evidence, and all pleadings

2. On the premise that the Plaintiff, with respect to the above three design services, set up a total of KRW 44 million between the parties (i.e., a total of KRW 30 million) and KRW 7 million (i.e., a total of KRW 38 million), the Plaintiff seek payment of the balance of the design service cost (i.e., KRW 4 million - KRW 6 million) and damages for delay.

On the other hand, the plaintiff filed a claim for the payment of the balance of the design service cost by asserting that the sum of the design service cost was set at KRW 44 million, when he filed a claim for the payment of the design service cost on two occasions around 2011 after the plaintiff provided three design services at the defendant's request, as shown in the above basic facts. However, the above basic facts and the statement in No. 1 and the statement in the evidence and the result of the examination of both parties of this court are discussed.

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