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(영문) 대구지방법원 2017.06.22 2016나307987
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an architect who conducts the architectural design business.

B. D around June 2014, purchased 98 square meters prior to Daegu-gun E (hereinafter “instant land”) from the Plaintiff, and newly constructed two different lending houses on the said ground and proposed a project to sell them in lots (hereinafter “instant project”).

The Plaintiff introduced the instant business to Co-Defendant B of the first instance trial (hereinafter “B”), and D introduced the instant business to G and F, the Defendant’s husband.

C. D, G, F (hereinafter “D, etc.”) and B shall bear 1/2 of the total costs, such as land purchase costs and building construction costs, and 1/2 of the remainder of the costs, respectively. However, D, etc. agreed to divide profits from the sale of new loan into one-half each (1/2 of the gains from the sale of new loan (hereinafter “instant partnership agreement”), and D, etc. designated the Defendant as the representative in relation to the instant partnership agreement and used the Defendant’s name.

On July 21, 2014, the Plaintiff entered into a building design agreement which provides for the contract amount of KRW 37,800,000 with respect to one building, among two roads, from land B and the instant land. After designing a building in accordance with the said design agreement, the Plaintiff filed an application for a building permit with the Daegu Gun Office on August 5, 2014, and received a building permit from the said Gun Office on August 21, 2014.

E. On August 5, 2014, the Plaintiff: (a) designed a building with respect to the remainder of one building on the instant land (hereinafter “instant building”); and (b) applied for a building permit under the name of the Defendant to the Daegu-gun Office on August 5, 2014; and (c) obtained the building permit from the said Gun Office on August 21, 2014.

F. On December 23, 2014, D, etc. and B agreed to terminate the instant trade agreement with the following content, G at the time, using the personal seal impression in the name of the Defendant, drafted a settlement of accounts for the termination of the trade in the name of the Defendant (Evidence A No. 9-1 and hereinafter “instant settlement of accounts for the termination of the trade in the instant case”).

3.2

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