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(영문) 울산지방법원 2018.11.22 2017가합24386
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 25, 2012, in order to promote the business of newly building and selling officetels on the land outside Ulsan-gu, Ulsan-gu, and one lot owned by the Defendant, the Defendant concluded a construction design service contract with the Plaintiff on July 25, 2012, under which the Plaintiff entered into a construction design service contract for the construction of officetels with a size of 5 stories underground, 19 stories above ground, total floor area (contract area) 29,423.780 square meters (excluding value-added tax) at KRW 540,000 (hereinafter “the first service contract”). The Defendant entered into a construction service contract with the Plaintiff on the land of 00,000,000 (hereinafter “the second service contract”). The Defendant entered into a new construction service contract with the Plaintiff on the land of 00,000,000,000 won (hereinafter “the land of 20,000,000 won”) with the Plaintiff on the land of 20,000.

E. On August 4, 2014, the Plaintiff, the Defendant, and the Korea Land Trust enter into a design service succession agreement (hereinafter “instant succession agreement”) with the purport that the Korea Land Trust succeeds to the Defendant’s rights and obligations pursuant to the second service agreement and that the Korea Land Trust takes charge of officetels construction design services (hereinafter “instant succession agreement”) to the Plaintiff as the owner of the building in the same manner as the details of the second service agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is to provide services under the first service contract.

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