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(영문) 서울중앙지방법원 2015.10.22 2014가합565137
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 26, 2011, the Defendant received the instant project from the Seoul Cyber University (hereinafter “instant project”) from the Seoul Cyber University.

After receiving the instant project, the Defendant entered into an order and a service contract for the goods necessary for the instant project (such as the server computer-related goods and the global telecom, a broadcasting equipment-related goods) with the Global Telecom Co., Ltd. (hereinafter referred to as “stock company”) after the date of the instant project, respectively, and paid the price under each contract to the date of the increase in the number of days and the global telecom.

The Plaintiff received part of the goods necessary for the instant business from multiple suppliers from January 2012 to December 2012, and supplied them to the Defendant.

[Reasons for Recognition] Each entry of Gap evidence 1 to 32, Eul evidence 2 to 4, 7, 11, 18 (which include each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Claim for service cost of KRW 13,200,000;

A. The Plaintiff asserted that the Plaintiff provided the Defendant with Chapter 24 of the Pidio Design Draft for the purpose of receiving the instant project, and the Defendant agreed to pay the Plaintiff the service cost of KRW 500,000 per head of the said draft to the Plaintiff.

Accordingly, the Plaintiff seeks payment of the service cost of KRW 13,200,000 (=24 x 500,000 additional tax of KRW 1,20,000) to the Defendant.

B. Since there is no evidence to acknowledge the conclusion of an agreement between the Plaintiff and the Defendant on the payment of service costs as alleged above, the Plaintiff’s assertion on this part of the claim is without merit without further review.

3. Claim for the amount of KRW 182,371,014;

A. Plaintiff 1 supplied the Defendant with the goods necessary for the instant business from January 2012 to December 2012, 2012, and only 205,040,686 won out of the amount of the goods from the date of the increase and decrease, which is the Defendant’s partner.

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