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(영문) 서울중앙지방법원 2020.07.24 2019가단5178505
손해배상(건)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who provides consultation on the certification, etc. of a building energy efficiency rating under the trade name of “C”, and the Defendant is a legal entity that conducts research, development, evaluation, etc. of educational facilities as its duties.

B. On November 22, 2016, the Plaintiff and the Defendant entered into an agreement on the business partnership (hereinafter “instant agreement”) with the purport that they will associate with research services and practical affairs related to certification of green buildings and distribute service fees (hereinafter “instant agreement”).

C. Around April 4, 2017, the Defendant requested the Plaintiff to make an estimate of the above services, around April 4, 2017, in the course of negotiating E Corporation (hereinafter “instant construction”) with respect to the preliminary certification of building energy efficiency rating, green building preliminary certification, preliminary certification of living environment without obstacles, preliminary certification of intelligent buildings, etc. (hereinafter “instant services”).

Upon the above request, the Plaintiff submitted a written estimate on April 11, 2017 to the Defendant regarding the instant service.

The scope of services and the estimated amount specified in the above written estimate shall be as follows:

(BF) Preliminary certification (BF) of green architecture reserve (GB) of 8,500,000 green architecture reserve of 8,500,000 buildings with no obstacles (GG) 9,000,000,000 intelligent buildings preliminary certification of 9,000,000 intelligent buildings

E. After that, the Defendant failed to receive the instant service from D (State), and D entered into a contract on June 28, 2017 with the F Company G to contract the instant service.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 4 and Eul 1, 6, 7, and 8, and the purport of the whole pleadings

2. The Plaintiff’s assertion on April 11, 2017 submitted a written estimate to the Defendant regarding the instant service, and the Defendant approved the said written estimate.

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