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(영문) 서울고등법원 2018.07.17 2017나2076037
용역비
Text

1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. 1) A and B (hereinafter collectively referred to as “the ordering person”).

They are co-individuals who operate business in the trade name of “E”.

[2] On or around June 19, 2014, Mayang Construction Co., Ltd. (hereinafter “Masan Construction”)

between Mayang-gu and Mayang-do Construction Project (hereinafter referred to as the “new construction project of this case”)

(2) Around March 16, 2015, the project owner agreed to give up the status of the entire new construction works of the instant construction works, on the condition that the instant construction works are to be performed only by civil engineering works among the new construction works of the instant case.

B. 1) The Plaintiff’s construction of the instant new construction project in early 2015 (excluding civil engineering works) refers to the remainder of the construction project;

hereinafter the same shall apply.

(2) On April 9, 2015, the employer and the Defendant concluded a contract agreement with respect to the remaining construction works among the instant new construction works (hereinafter “instant contract agreement”). Around April 9, 2015, the employer and the Defendant concluded the instant contract agreement with respect to the contract amounting to KRW 27.981.4 million (hereinafter “instant contract”).

C. 1) With respect to the instant new construction project, the Plaintiff and the Defendant paid service fees of KRW 400 million to the Plaintiff on April 28, 2015 (Evidence A2, hereinafter “instant service contract”).

The main contents of the contract are as follows. With respect to the project under Article 2 (Purpose of the contract), following the selection of a contractor and the conclusion of a contract, the payment of service fees between the plaintiff and the defendant shall be determined.

1. The construction site: South-Gu C at a port of port;

4. Project name: A new project of constructing officetels.

7. Total amount of construction works: Article 3 (Payment of Service Fees and Methods thereof) of the actual contract amount of construction works of KRW 27.981.4 million (excluding existing construction costs, KRW 1.25 billion, 26.73 billion, 1.4 million)

1.The service fees for the project under Article 2 shall be 400 million won, per cent of the actual contract amount.

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