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(영문) 대구지방법원경주지원 2017.04.14 2015가합113
용역비 등
Text

1. The Defendant: (a) KRW 32,643,600 for the Plaintiff and KRW 6% per annum from February 3, 2017 to April 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of building design and supervision, etc., and the Defendant is a medical corporation established for the purpose of establishing and operating medical institutions.

B. On October 2013, 2013, C, the representative and director of the Defendant, as the representative of the Defendant, and C, the director, are D, the representative and in-house director of the Plaintiff, and D, the new construction of the KVC (hereinafter “instant construction”).

(2) The Plaintiff requested the design of the hospital related thereto, and accordingly, the Plaintiff’s design service business of the instant construction (hereinafter “instant service business”).

(2) Around December 23, 2013, the Defendant sent a written request for design (No. 1) to the Plaintiff, and the details thereof are as follows.

The content of the request for design, the name of the service, the name of the E racing and the name of the requesting corporation for new construction of the intermediate care hospital, and the project site F, G, H, I, J, and K: The project area of the project site for the design plan for the convalescent hospital: The design (service) project area of 1,01.70 square meters

C. At the time of the preparation of the design request, the Defendant: (a) drafted the first new construction plan; (b) purchased the land from the owner of the land in racing-si; and (c) subsequently, decided to newly construct a convalescent hospital on the relevant site at the time of the preparation of the design request.

Upon the Defendant’s request, the Plaintiff drafted a new construction plan to newly build a convalescent hospital with the sixth floor above the ground level above the ground level below L, F, G, H, I, J, and K (total site size of 1,225.50 square meters).

(hereinafter “The First New Draft Plan”). A director D of the Plaintiff and M subcontracted by the Plaintiff in relation to the instant service was issued a first new draft plan to the Defendant’s director C around January 22, 2014.

B. While the defendant prepared the second new plan and tried to purchase L on the racing market, the plaintiff did not enter into a sales contract smoothly, the plaintiff is excluded from L at the request of the defendant.

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