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(영문) 대구지방법원 2020.04.08 2019나318247
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff asserts as follows.

(1) On November 16, 2018, the Plaintiff was entrusted by the Defendant with services as to the private design design time, such as the street to publicize the Defendant’s hospital’s operation and the signboard.

At the time when the plaintiff requested a design trial from the defendant, the plaintiff was requested only a simple work from the defendant to prepare the trial without receiving the design service cost.

Since then, the number of working days increased due to the demand of the defendant, and the plaintiff requested the head of the defendant's office to deliver the completed design time bill to the defendant's side on November 26, 2018, and to receive 30% design service cost in comparison with the construction cost.

Accordingly, the secretary of the defendant's office accepted it and delivered the same content to the defendant who is the president.

(hereinafter “instant agreement”). Since then, the Defendant selected another company to perform design work.

(2) The Plaintiff had a 10-day working hours to prepare the design draft, and the cost is equivalent to KRW 6,325,000, and the Defendant is obligated to pay the said amount and the damages for delay to the Plaintiff.

B. The Plaintiff’s claim for determination is premised on the conclusion of an agreement on the payment of service costs regarding the design design as alleged, but there is no evidence to acknowledge such agreement, and thus, the Plaintiff’s claim is without merit.

2. Conclusion, the Plaintiff’s claim should be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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