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(영문) 서울고등법원 2016.10.28 2015나26018
용역비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts are not disputed between the parties, or acknowledged by comprehensively considering the overall purport of the pleadings in Gap's testimony as well as in Gap's testimony as Gap's testimony as Gap's 1 to 3, 6, 9, 10, 13 through 30, 34, Eul's 6, 10, 11, and 17 (including additional numbers; hereinafter the same shall apply).

[1] The Plaintiff is a company established on September 21, 2009 for the purpose of the business and district unit planning business for the engineering activities in the specialized field. The Defendant is a company established on January 22, 1998 for the purpose of engineering business, environment assessment-related business, etc.

On October 1, 2009, F Co., Ltd. (hereinafter referred to as “F”) and the Defendant, the business entity of the “C business” (hereinafter referred to as the “instant business”), drafted a technical service agreement in which F Co., Ltd. (hereinafter referred to as “F”) awards a contract for C (hereinafter referred to as “instant technical services”) to the Defendant at KRW 895,00,000 (in the absence of a separate indication of value-added tax; hereinafter the same shall apply). The terms and conditions of the contract are the same as that of the instant two contracts, except for the service charges, as follows.

On October 1, 2009, the Plaintiff’s representative G drafted a technical service standard agreement (hereinafter “instant contract”) with the Defendant to accept the instant technical service, and on September 25, 2010, a written agreement to modify the contract amount from KRW 765,50,000 to KRW 675,550,000, respectively.

Technical service standard service contract name: C technical service contract term: Location from October 1, 2009 to the time of permission for development acts: D one-day attached document at Seogsan City: A contract document under Article 2 (Contract Document) of the General Conditions of the Technical Service Contract and the General Conditions of the Technical Service Contract (Contract Document) shall be composed of the following documents and shall have the effect of mutual supplementation:

Provided, That where the contents of a contract document are unclear or conflicting, it shall be interpreted according to the following order:

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