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(영문) 울산지방법원 2016.11.25 2016가단9680
용역비
Text

1. Defendant Geumcheon Leisure Development Co., Ltd. shall pay to the Plaintiff KRW 44,00,000 and its full payment from January 12, 2016.

Reasons

1. Facts of recognition;

A. On January 208, the Plaintiff entered into a contract with Defendant Geumcheon Leisure Development Co., Ltd. (hereinafter “Defendant Geumcheon Leisure Development”), under which the Plaintiff is promoting the development of Geumcheon Leisure from January 2008 to December 31, 2008, to conduct prior examination of factors influencing disasters and to provide disaster impact assessment services at KRW 10 million in service cost (including value added tax) (hereinafter “instant service contract”).

B. On February 19, 2014, Defendant Geumcheon Leisure Development (hereinafter “instant transfer agreement”) concluded a transfer agreement with the Plaintiff to the effect that Defendant Geumcheon Leisure Development (hereinafter “instant transfer agreement”) will transfer the instant business right to the corporation to which the Defendant Geumcheon Industries newly established the household department, but the specific transfer agreement entered into a contract with the newly established corporation, and that the Plaintiff consented to all acts necessary for the authorization, permission, implementation, construction, etc. of the instant business (hereinafter “instant transfer agreement”).

C. On March 17, 2014, the Defendant Co., Ltd., a corporation obligated to take over the instant business, establishing the Defendant Co., Ltd.’s Pott clubs (hereinafter “Defendant Co., Ltd”).

Although Defendant Sym clubs tried to conclude a contract for the transfer or acquisition of the instant business rights with Defendant Geumcheon Leisure Development in accordance with the instant transfer agreement, they did not reach the conclusion of the said contract due to disputes with Defendant Geumcheon Leisure Development surrounding the instant business.

Nevertheless, the Defendant Syunco clubs are running the instant business in accordance with the instant transfer agreement.

On February 2015, the Plaintiff completed the services set forth in the instant service contract.

On the other hand, Defendant Gold Leisure Development paid only KRW 66 million in total to the Plaintiff as service cost.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4 through 6, Eul.

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