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(영문) 서울중앙지방법원 2017.08.22 2016가단158208
구조설계용역대금청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Defendant, a construction designer, requested the Plaintiff to provide technical services, such as structural design, safety diagnosis, design supervision, etc. (i.e., “B Corporation” (i., supply price of KRW 35 million) to KRW 38.5 million (i.e., value-added tax of KRW 3.5 million), and the Plaintiff completed the service by delivering structural calculation statement and structural safety confirmation to the Defendant. As such, the Defendant is liable to pay the Plaintiff the service price of KRW 38.5 million and the damages for delay.

The following facts are examined: (a) the evidence submitted by the Plaintiff; (b) the quotation (Evidence A2) dated November 25, 2015 on the date of estimate; (c) the written request for confirmation of settlement of service costs (Evidence A 3-1, 2) on July 13, 2016 that the Plaintiff sent to the Defendant; (d) the written request for service costs (Evidence A-4); and (e) the written confirmation of structural safety and earthquake-proof design (Evidence A-5) on August 17, 2016 that the Plaintiff sent to the Defendant; and (e) the written confirmation of structural safety and earthquake-proof design (Evidence 5) on March 10, 2016 under the name of the originator C (the representative director of the Plaintiff).

It is difficult to recognize that the Plaintiff completed the performance of the service duty against the Defendant, and there is no other evidence to acknowledge the Plaintiff’s assertion.

Therefore, the plaintiff's claim is without merit, and it is dismissed. It is so decided as per Disposition.

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