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(영문) 부산고등법원 2014.10.14 2013나8540
용역비등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the witness at the last 4th sentence of the court of first instance shall be " witness at the court of first instance"; the 6th to 9th 7th sentence of the court of first instance shall be as follows; and the 6th sentence of the 9th to 9th 7th sentence shall be as stated in the part of the court of first instance except for each height, such as the part ".............."

A person shall be appointed.

B. 1) In a case where either party to the relevant legal doctrine grants a legitimate expectation or trust that a contract will be concluded at the negotiation stage, thereby causing losses by refusing to conclude a contract without reasonable grounds even if the other party acted in accordance with his/her trust, this constitutes an unlawful act that goes beyond the bounds of the freedom of contract doctrine in light of the principle of good faith (see, e.g., Supreme Court Decision 2001Da53059, Apr. 11, 2003) and constitutes a tort (see, e.g., Supreme Court Decision 2001Da53059, Apr. 11, 2003). In light of the above legal principles, the above basic facts and evidence Nos. 6, 6, 11-1-2, 3, 20-2, 2, 20-2, 23-2, 23-1, 2, 2-2, and 3 of witness testimony and pleading of the first instance trial witness, the Plaintiff’s testimony contract with G CP (hereinafter referred to “regular contract”).

In light of the defendant's series of attitudes revealed in the course of performing the duties for the conclusion of the contract of this case, the plaintiff has a legitimate expectation or trust that the contract of this case will be concluded in a reliable manner, and during that process, the plaintiff is judged to have actively cooperate by modifying the design as requested by the defendant and providing related data.

① Since the Defendant had no experience of production of flag by itself or A, it was necessary for the Plaintiff to conclude a regular contract, as well as the Plaintiff’s technical and experience. In fact, the Plaintiff is in charge of technical work.

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