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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. Facts of recognition;
A. 1) The Hybrid Seoul Co., Ltd. is a company aimed at building interior and wholesale retail furniture production, and A was appointed as a trustee in bankruptcy on January 3, 2018 by the Seoul Central District Court Decision 2017Hahap10295, which was declared bankrupt on January 3, 2018 (hereinafter “Plaintiff”).
(2) The Defendant is a company that aims at a housing construction project, etc.
B. On July 1, 2016, the Plaintiff entered into a service contract (hereinafter “instant contract”) with the Defendant to provide the Defendant with consulting on the development and governance proposal of the Daz-based concept and the beauty-based program on commercial facilities operated by the Defendant, and, in return, to receive the down payment of KRW 3 million and the balance of KRW 12 million in total (excluding value-added tax) (hereinafter “instant contract”).
C. Of the content of the instant contract, the content pertaining to the instant case is as follows.
Article 2 Scope of Duties (4) B (referring to the FOB Seoul; hereinafter the same shall apply) shall provide A (the defendant means the defendant; hereinafter the same shall apply) with the following services for new brand development projects services, and shall include the services listed in Appendix 1.
Dazz-based development
(b) a proposal for a MaD candidate suitable for the key key concept;
다. 뷰티존 레이아웃 구성 제안 제5조 용역의 완수 ① 을은 제4조 제1항의 기간 내에 별지 1에 정해진 단계별로 완성된 성과물을 갑에게 납품하며, 그 세부 일정은 별지 1의 스케쥴 표에 따라 진행하며, 최종 성과물 데이터 1식을 USB로 납품한다.
(3) A shall notify B as to whether he/she has passed an examination within seven days from the date on which he/she has been provided with the boats under paragraph (1).
(4) If the results of the examination referred to in paragraph (3) reveal that A requests correction from B, B shall immediately correct it and provide A with it, and then undergo the examination referred to in paragraph (3) again.
(5) A person who fails to notify whether he/she has passed an examination within the period specified in paragraph (2).