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(영문) 인천지방법원 2016.02.02 2015나56758
용역비
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Both claims;

A. On August 2013, the Plaintiff completed the Plaintiff’s duty by receiving a request from the Defendant for assembly and installation work of the instant machine (a model name: VDFC-PO5; hereinafter “instant machine”) from the Defendant and confirming that the instant machine is normally operated on October 6, 2013, and thus, the Defendant is obligated to pay the Plaintiff KRW 20 million and delay damages.

B. The Defendant did not conclude a service contract for the instant machinery between the Plaintiff and the Defendant.

The Plaintiff merely conducted a preliminary test on one occasion, which is kept in the Defendant warehouse, and did not submit a quotation in relation to the formal contract, and did not pay the down payment.

2. The following facts are considered comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 4 and the testimony and arguments of the first instance trial witness C, D (part) and E, i.e., (i) although no written document was prepared or no down payment was received in connection with the assembly and installation work of the machinery of this case, C received a request from the defendant around August 2013 to introduce an enterprise to be engaged in assembly and installation work of the machinery of this case; (ii) thereafter, the plaintiff, who was introduced by C, was gathered with the defendant, C, and E, discussed about the above work; (iii) the plaintiff's remuneration was first set at KRW 15 million on the condition that the plaintiff's normal operation of the machinery of this case was later set at KRW 5 million; and (iv) the defendant paid it after the trial operation of the machinery of this case; and (iv) the defendant raised 1,000,000 won for the plaintiff's work of transferring the machinery of this case from August 10, 2013 to 3).

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