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(영문) 부산지방법원 2017.06.14 2016나1639
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion that the defendants agreed to pay KRW 100 million to 69 households of Busan-gun, Busan-gun, and 2 lots of ground C apartment (hereinafter "the building in this case") at the expense of the services, such as the right of retention resolution and surrender, etc. The plaintiff's explanation was completed, but the defendants paid KRW 35 million and did not pay the remaining KRW 65 million. Thus, the defendants are jointly and severally liable to pay the remaining service price of KRW 65 million to the plaintiff.

2. In full view of the purport of the entire pleadings as to Gap evidence Nos. 1-1-4 and witness D’s testimony, the defendants acquired ownership of some of the buildings of this case through public auction procedure, and as to the relocation of those who occupy each household, the plaintiff was consulted with the plaintiff about the above relocation treatment issue, and the plaintiff dealt with the above relocation issue and received KRW 35 million from the defendants.

However, the evidence submitted by the Plaintiff alone is not sufficient to acknowledge the fact that an agreement between the Plaintiff and the Defendants to receive KRW 100 million is concluded with the service cost dealing with the above migration issues, and there is no other evidence to acknowledge that part of the testimony by the witness D of the trial party as corresponding thereto is not believed.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion.

The plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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