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(영문) 서울중앙지방법원 2016.01.13 2015나33884
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. Basic facts and the grounds for this part of the parties’ assertion are as follows: (a) the relevant part of the judgment of the first instance (from the second to the fifth to the fifth in the judgment of the first instance) is identical to the grounds for the relevant part of the judgment of the court of first instance; and (b) thus, they are cited by the main sentence of

2. Determination:

A. Each succession contract of this case concerning the claim for the remainder of the design service succession contract (hereinafter referred to as "each succession contract of this case") of the 592 business and 665 business (hereinafter referred to as "each succession contract of this case") of the 592 business and the 665 business (hereinafter referred to as "each succession contract of this case"), the plaintiff and the defendant set the scope of the plaintiff's service as the business listed in the business order attached to the succession contract and the design design drawing(see Article 2 of the special agreement). The division order lists the contents of the business as "the basic design and shop design, ② the design modification and design of the business, ③ the business related to the authorization and permission and deliberation, ③ the business related to the business, ③ the business related to the authorization and permission, the business permission and deliberation, the business related to the business (traffic impact assessment, environmental impact assessment, etc.), the business related to the business related to the support, ④ the calculation of the unit area, the support for sales promotion materials production, the support for the registration and management of buildings, and other business

In addition, each succession contract of this case clearly states the total amount of remuneration for the plaintiff's performance of duties, and the defendant pays the down payment at the time of concluding the contract, the intermediate payment at the time of granting the construction permit (the first, second, or third) and the completion money at the time of approval for use (the completion).

However, the Defendant paid all the down payment and intermediate payment under each of the instant succession contracts to the Plaintiff, but did not pay the Plaintiff the sum of KRW 62.4 million (= KRW 18.2 million) equivalent to 10% of the total remuneration (= KRW 44.2 million).

On the other hand, according to the Gap 17, this is applicable.

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