(영문) 서울중앙지방법원 2018.05.09 2016가단5093429

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(영문) 서울중앙지방법원 2018.05.09 2016가단5093429

부당이득금반환청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Conclusion, etc. of a service contract;

A. A. On November 2013, the Defendant entered into a business consulting contract (hereinafter “basic service contract”) with the Kuyang Construction Co., Ltd. (hereinafter “ Kuyang Construction”) with the following contents (hereinafter “Guyang Construction”).

Article 1 (Purpose of Contract) Goyang Land shall designate the defendant as the "business consulting service provider" for the Goyang Land Project, and the defendant shall respect mutual interests and cooperate with each other in order to stimulate dialogue for the Soyang Land Project, and the defendant shall faithfully perform the business consulting service requested by Soyang Land.

Article 2 (Scope of Services) (1) The scope of services provided by the defendant with respect to the owner of the oldtowing Project shall be limited to all projects that have been separately requested or discovered by the defendant for each project, and the defendant shall notify the owner of the order and the name of the project in writing to the oldtoyang Construction in advance and perform his duties, and the project shall separately specify in each "matters of special agreement".

(2) In carrying out the projects specified in paragraph (1) above, the defendant shall submit the Guyang case and the final estimate agreed to by the defendant in writing to the ordering office, and at the same time, the Guyang case and the defendant shall prepare the "final service contract by project (final)".

(3) The terms “special agreement” and “final service agreement by project” under the above paragraphs (1) and (2) shall be part of the basic agreement, and the terms not specified therein shall be in accordance with the basic agreement and shall be in accordance with the basic agreement even if there is no separate “matters of the special agreement” or “final service agreement by project”.

5. The scope of service of each project under the above paragraph (1) shall be the completion of the service of the defendant in respect of the old construction of the project at the time of concluding the contract between the old construction of the project and the ordering office.

6. The term “project” in the foregoing paragraph.

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