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Reasons
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(영문) 서울서부지방법원 2016.11.03 2016나145
용역비
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Defendant: (a) was practically identical to the Plaintiff Company B (hereinafter “B”); and (b) around November 201, the Plaintiff was requested by the Defendant to provide overall services related to “C” franchise business; and (c) concluded a service contract for the design of “D” store operated by the Defendant and completed the contract.

Therefore, the defendant is obligated to pay to the plaintiff 37,900,000 won for the service payment and damages for delay which are not paid as specified in the following table.

Contents Nos. 3,300,000 2,450,000 promotional printed materials 2,450,000 3 Ansan design design 5,260,000 2,500 BI design 5,000 5 BI design 4,800,000 6 CPT 11,690,000 7 university (store) design design design 7,90,000 total 37,90,000,000

B. The Defendant only requested the Plaintiff to provide the productions from the Plaintiff and to pay the price in full. The Defendant merely provided the productions to the Plaintiff by requesting the Plaintiff such as mail new boards, name cards, franchises, and some productions necessary for the restaurant of “D.”

Defendant and B are separate companies, and both Defendant and B did not request the Plaintiff to provide services, such as “C”-related design, and the Plaintiff did not provide the services accordingly.

In addition, since the plaintiff filed a lawsuit against the defendant in this court 2014da46689 and filed the same claim, the lawsuit in this case is in violation of the prohibition of double lawsuit.

2. Determination

A. On October 14, 2014, the Plaintiff filed a lawsuit against the Defendant claiming payment for services related to indoor food products, A’s website, and PT, etc. of “D” under this Court Decision 2014Da46689, Oct. 14, 2014. The instant lawsuit is the fact that the lawsuit was filed on January 21, 2015 at the latest, is recognized or obvious by the purport of the entry and the entire pleadings in the evidence No. 1 and the entire pleadings.

However, regarding the claim of this case, the claim of this case is related.

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