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(영문) 서울중앙지방법원 2018.11.29 2018가합511268
용역비반환 청구의 소
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 company established for the purpose of manufacturing and selling electronic equipment such as the Gu’s and the food service business, etc., and the Defendant is operating a food service consulting company with the trade name of “C”, which carries out business activities such as the development of the container concept, design development, and the development of mer new technology.

The plaintiff (hereinafter referred to as "A") and C (hereinafter referred to as "B") enter into a contract with Eul in relation to the brand development project promoted by Gap, as follows:

Article 1 (Purpose of Contract) The purpose of this Agreement is to provide for all matters necessary for Eul to faithfully perform the consulting services provided for in Article 2 with respect to a new brand development project promoted by Gap.

Article 2 (Scope of Business of B) ① New brand development project refers to a beer professional store capable of expanding the Fratise using D and A’s business project that develops a cafeteria exclusively dedicated restaurant brand for D-only.

(2) Eul shall provide Gap with the following duties concerning the services for new brand development projects of Gap, and the details thereof shall be as specified in attached Form 1:

[Attached 2] Attached Form 2

(b) include the work described in the subsection (c).

1. brand consortiumb development and the result thereof;

2. BI development suitable for brand consortiumb and the results thereof;

3. Article 4 (Contract Period) Section 4 (Contract Period) of the Codina for the implementation of the project to the implementation of the development cooperation concept shall comply with the schedule for each business set out in the [Attached Form 1] from the date of this contract to the date of this contract, and the contract period shall be from August 1, 2017 to November 30, 2017, or even before that date, and if the project ends, the period may be extended by the date of entry into force until the date of delay.

Article 5 (Completion of Services) (1) B shall be made within the period under Article 4 (1) (attached Form 1).

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