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(영문) 서울중앙지방법원 2021.01.12 2020나37538
원상회복 청구 등
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in environmental engineering, etc. with the trade name of “C,” and the Defendant is a company established for the purpose of microfabial application products.

B. On October 11, 2018, the Plaintiff and the Defendant entered into a service contract for the development of the Marcoss in combination of environmental measurement (hereinafter “instant contract”).

The main contents of the instant contract are as follows (of the following, “A” refers to “A” and “B” to “Defendant” respectively): The contract amount for the development of racks by an environmental measurement complex: 29,000,000 won (AT Map 16,362,00 won at the time of the contract completion, and the balance of KRW 12,638,00 after the completion of the project): The contract period: (a) the contract method between October 11, 201 and November 10, 2018: (b) the purpose of this contract is to provide for all matters to ensure that “A” performs the work instruction presented by “B” efficiently.

Article 2 (Implementation of Projects) “B” shall conduct this service within the extent of the above contract amount in accordance with the order of the division in which there is no separate statement in addition to the service.

Article 3 (Payment for Price) (1) “A” shall be paid at the request of the Committee “A as if there is no separate entry below.”

Provided, That where a contract has been terminated pursuant to Article 7, it may be changed.

Article 4 (Submission of Reports) (1) “B” shall submit a report on the results of the project with water as a result of the service to “A” as follows:

1. A report stating the procedures and methods for providing services;

2. Documentary evidence photographs 2 “A” may, after evaluating and examining the reports in the subparagraphs of paragraph 1, require supplementation or corrective action against them, and “B” shall be responsible for supplementation.

In such cases, the payment shall be made after the final review of the result report along with the service result.

Article 5 (Amendment of Contract) (1) “B” shall, without the consent of “A”, include the contents and other terms of the order to perform the task under Article 1 of this Agreement.

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