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(영문) 부산고등법원(창원) 2020.10.08 2019나12438
용역비
Text

Plaintiff

All appeals by the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

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

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except where the parties add a judgment on the allegations emphasized or added by this court, as in paragraph (2). Therefore, it is acceptable to accept it as it is by the main sentence of

2. Judgment on the assertion that the parties emphasized or added in this Court

A. Determination 1 on the Plaintiff’s argument regarding the service price of the instant consulting contract ought to be included in the number of households that are the premise for calculating the service price of the instant consulting contract. Nevertheless, the judgment of the first instance excluded the general sale households from the number of households that are the premise for calculating the service price of the instant consulting contract on the ground that the general sale households should be included in the number of households that are the premise for calculating the service price of the instant consulting contract, and that there is no inevitable relation. 2) The judgment did not clearly state whether the households are included in the general sale households, which are the premise for calculating the service price of the instant consulting contract under Article 3(1)1 of the consulting contract, as seen in the judgment of the first instance. Accordingly, as to this, it is so decided by the parties’ intention in consideration of not only the above content of the instant consulting contract, but also the background and purpose of the conclusion of the instant consulting contract, and all other circumstances revealed in the oral proceedings of the instant case. The burden of proof is asserted to the Plaintiff as the ground for the claim.

However, in light of the circumstances described in the first instance judgment Nos. 7 through 10 below, the Plaintiff and the Defendant concluded the instant consulting contract on the premise that the number of households, which are the premise for calculating the service price under the instant consulting contract, shall not include the general sale of buildings in units. The allegations and evidence submitted by the Plaintiff are alone the general sale of buildings in units.

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