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(영문) 서울고등법원 2013.12.06 2012나16157
용역대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The contents to be explained by the court in this part of the underlying facts are as stated “1. Recognizing the facts” (the two to six pages) on the grounds of the judgment of the court of first instance (the two to six pages)

2. Whether a service payment claim exists or not

A. The Plaintiff’s assertion that ① in the case of hanok Village, the basic design and implementation design, the service of the hanok Village Survey, and the service of the authorization and permission, was completed, and ② in the case of tourist farms, the basic design and implementation design, and the service of the tourist farm survey are completed, and the service amounting to KRW 458 million was performed, in accordance with the instant service contract.

B. Examining the facts of recognition in the part of the development planning cost, excluding research services, authorization and permission, and work progress, among the duties agreed upon in the instant service contract, the Plaintiff, as well as the basic design and construction completion design, limited to the portion of civil engineering design, with respect to the whole of 70 hanok Village and tourist farm, was in charge of the basic design and the construction completion design. The Plaintiff agreed to separately determine the construction design and landscape design from the Defendant. According to the aforementioned contract, the Plaintiff concluded that the basic design and construction permission of 18 Hanok Housing among the portion of Hanok Village, 1 among the two parts of Hanok Village Village, 1 among the two parts of Hanok Village Village, the prior environmental review, and the construction of standing timber, and there is no dispute between the parties as to

Furthermore, examining whether the Plaintiff completed the service as to the remaining portion of the Plaintiff’s assertion, the following facts can be acknowledged as to Gap’s testimony, including Gap’s evidence Nos. 6, 7, Gap’s evidence Nos. 10, 11, Eul’s evidence No. 47, and Eul’s testimony as to the witness F of the trial.

① Before entering into the instant service contract, the Plaintiff started a basic design for civil engineering works of the entire Korean-style village complex (70 Korean-style houses) for the instant construction from May 201, 201, prior to May 17, 201, and started two-lanes around July 17, 201.

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