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(영문) 수원지방법원 성남지원 2018.02.13 2017가단15408
설계용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 13, 2015, the Plaintiff asserted that the Defendant sought payment of KRW 32390,000,000 from the Defendant for the service, on the ground that the Plaintiff completed the service at the request of KRW 32.39,00,000 for the service cost.

2. The Plaintiff submitted evidence No. 1 (a standard design contract for a building) prepared in the name of the Plaintiff and the Defendant as evidence to prove his/her assertion.

However, the above contract is not directly prepared by the plaintiff and the defendant, but written by the plaintiff D and the defendant E (the witness D stated that he was the implementer of the above new multi-family housing construction project). Since there is insufficient evidence to recognize that E was duly authorized to conclude a contract, it is difficult to conclude that the above contract was made according to the defendant's intent or delegation.

In addition, even if it is assumed that the above contract was made upon delegation by the defendant, the witness D, who actually prepared the above contract from the standpoint of the plaintiff, stated in this court that the above design service contract was actually made between himself and the "E", unlike the name of the contract. It is difficult to recognize that the actual party to the above design service contract is the plaintiff and the defendant.

In addition, the remaining evidence submitted alone is insufficient to acknowledge that the pertinent design service contract was concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is difficult to

3. Conclusion, the Plaintiff’s claim of this case is dismissed for lack of grounds.

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