logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.04.04 2016나503
수수료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. 1) Determination on the duty to pay fees on the Plaintiff’s assertion that the Defendant supplied the plenary hall and the plenary hall to the instant business due to the Plaintiff’s business activities, and the Defendant is obligated to pay to the Plaintiff fees of KRW 44,595,440 under the instant contract and damages for delay thereof. 2) The Defendant’s assertion that the Plaintiff had been engaged in business activities under the instant contract so that the Defendant’s products can be supplied to the instant business. (B) Since the Defendant supplied products different from those indicated in the business commencement report, it is not obligated to pay fees to the Defendant.

C) According to the purport of Gap evidence Nos. 8 and 14 of the contract of this case, the plaintiff did not submit monthly activity details under Article 9 (4) of the contract of this case, and thus, the defendant is not obligated to pay fees to the defendant. 3) According to the purport of Gap evidence Nos. 8 and 14, witness G, and H's testimony and arguments, the design company which specifically uses certain specifications of the company with respect to the materials to be used for the business of this case is selected and reflected in the design. The plaintiff and the plaintiff's employee provided with contact with H and contact with H participating in the design of the business of this case and provided the materials of this case's product's product's product's product's product's material characteristics, length points, durability, internal structure, economic feasibility, construction, and convenience in maintenance and management, and accordingly, it is acknowledged that G selected the defendant's product based on the materials provided by the plaintiff and reflected in the design of this case. According to the above facts, it is acknowledged that the plaintiff conducted business activities under the contract of this case and supplied the business of this case's.

arrow