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(영문) 서울중앙지방법원 2018.11.28 2017가단60735
양수금
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

Plaintiff

On November 2015, the chairperson of the succeeding intervenor's argument that the succeeding intervenor succeeded the plaintiff's E accepted the request from the U.S. National Assembly to provide design services necessary for the establishment of the comprehensive maintenance plan to repair D buildings and to create books, etc. from U.S., the representative of the defendant.

Plaintiff

On April 2016, a successor intervenor issued a business plan of "Crewon D comprehensive Maintenance Plan" to the defendant around April 2016, and submitted it to the defendant by using the business plan of "Crewon D comprehensive Maintenance Plan" at Changwon around August 2016.

The plaintiff completed 6 buildings, such as light power plant, up to the basic design, and completed 1,20,000 won for the basic design and the working design. Therefore, the defendant is obligated to pay 1,20,000 won for the design cost.

Judgment

It is insufficient to recognize the fact that a design service contract necessary for the establishment of a comprehensive maintenance plan between the Plaintiff’s succeeding intervenor and the Defendant was concluded by only the descriptions of Gap evidence Nos. 3 through 7 (including the number of branch numbers; hereinafter the same shall apply), and there is no other evidence to acknowledge it.

Rather, the following facts and circumstances can be acknowledged in full view of the testimony of the witness G and the fact-finding results of the original market of this court.

The defendant, as a temple subject to the Korean Traditional Temples Preservation and Support Act (hereinafter referred to as the "Korean Traditional Temples Act"), may perform the repair work of the temple building by receiving a subsidy as prescribed by the Korean Traditional Temples Act.

H Co., Ltd. hereinafter referred to as 'H'

The G representative of the Plaintiff’s Intervenor granted the president of the Plaintiff’s Intervenor KRW 10,000 to prepare the view, and then visited D around spring in 2016 with E and divided a story about the business to maintain Fice and D.

H shall participate in the proceeding of the business thereafter.

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