beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. A. Around February 2014, the Plaintiff received a contract from the Defendant for design services for newly constructed factory facilities in Jung-Eup City C.
(hereinafter “instant design contract”). (b)
When concluding the instant design contract, the Plaintiff and the Defendant did not separately prepare documents, such as the written contract, concerning the price.
C. The Plaintiff completed the implementation by providing design documents to the Defendant according to the instant design contract.
The Defendant paid KRW 6,500,000 to the Plaintiff as the service cost under the instant design contract.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. Summary of the parties’ assertion
A. After completing the service under the design contract of this case, the Plaintiff agreed to settle the amount of KRW 33,000,000 with the Defendant.
Therefore, the defendant bears the duty to pay the remaining amount of KRW 26,500,000 as well as damages for delay to the plaintiff.
B. In light of the past cases of trading around 2005, the defendant is not obligated to pay to the plaintiff the amount exceeding KRW 8,500,000,000 as the service cost under the design contract of this case, since the defendant made a verbal agreement with the plaintiff about the service cost of 15,00,000.
3. Determination
A. As seen earlier, whether the Plaintiff and the Defendant agreed to settle the price under the instant design agreement and did not prepare a separate document regarding the service price when concluding the instant design agreement.
However, in light of the following facts and circumstances, the Plaintiff and the Defendant agreed to settle the above design service cost of KRW 33,00,000,000, in consideration of the following facts and circumstances, which can be acknowledged by comprehensively taking account of the descriptions of Gap evidence 1 through 6 (including branch numbers; hereinafter the same shall apply), Eul evidence 2 as well as the overall purport of the pleadings.
① The Defendant: (a) around 2005, the area of a factory designed by the Plaintiff under a contract from the Defendant is 1.