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(영문) 서울동부지방법원 2017.11.24 2016가단31887
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's ground of claim

A. Upon the request of C, D, and E, the Plaintiff established a company F in the name of G, and the Plaintiff’s operation of the company agreed to receive 10% of the amount invested under the condition that H, C, D, and E, the Plaintiff’s husband, will take charge of the Plaintiff’s operation, and the Plaintiff will receive 10% of the amount invested under the condition that the Plaintiff fully bears the operating funds. Accordingly, the Plaintiff invested F’s operating funds, but the F was suspended on October 208.

B. In order to recover the amount invested in F, the Plaintiff, in the name of H, E, I, and J architect, intended to engage in business activities that would receive services for calculating the cost of construction for fundamental infrastructure and for calculating the additional cost of rental housing in the name of H, E, I, and J architect. The Plaintiff invested funds for the above business activities, but the business activities were suspended due to the death of the representative of J architect.

C. Around that time, H became aware of K’s representative director of Defendant B (hereinafter “Defendant Company”)’s introduction, and around May 2009, the Plaintiff, H, I, and E agreed to conduct business activities to receive service for calculating construction costs for fundamental infrastructure and for calculating additional rental housing costs from the redevelopment association’s name (hereinafter “instant business activities”), and concluded an oral agreement with the following contents.

(hereinafter “instant oral agreement”). ① When a redevelopment association’s service contract is concluded and deposited, K shall pay an amount equivalent to 65% of the total amount of services at the cost of business services.

② 65% of the operating service costs is to issue a tax invoice under the Plaintiff’s business registration certificate under the name of H, and to receive the Plaintiff’s operating service costs.

(3) The vice president, H, and I of the defendant company shall be permitted by the defendant to engage in the business as a director of the defendant company.

H and E received services from the reconstruction association as set forth in the table 1 to 16 below in the name of the Defendant Company, and deposited the total amount of KRW 167,510,000 in the Defendant Company.

Therefore, the defendant company is equivalent to 65% of the above service price, 108,881.

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