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(영문) 창원지방법원 2017.09.26 2017나53009
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the part of the judgment of the first instance, except where “2. assertion and judgment” in the judgment of the first instance is dismissed as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts 2. Grounds for appeal and determination

A. The plaintiff's assertion 1) The plaintiff's assertion is that since the contract of this case is a contract similar to a contract for the purpose of completing the day of the decision of urban management planning by the competent authority, the defendant cannot arbitrarily terminate the contract, the defendant is obligated to pay the down payment stipulated in the contract of this case, even if the contract is terminated, the plaintiff has completed the preparation of a book necessary for the plaintiff's application of urban management planning, the Gyeongnam-do Office of Education has continuously conducted consultation with the Gyeongnam-do Office of Education, and the remaining amount calculated by subtracting the down payment of KRW 20 million paid out of KRW 50,000,000, which was paid by the defendant's representative director, from the down payment of KRW 84,50,000,000, which is the sum of the unpaid down payment and its additional dues (=95,000,000,0000,000 won - 20,000,000,000 won).

B. In light of the nature of the instant service contract No. 1 in its nature, the instant service contract is a special person between the parties.

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