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(영문) 수원지방법원여주지원 2016.08.09 2015가단22535
용역비
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. The fact that the Defendant is the owner of the C Forest and C Forest land 43495 square meters (hereinafter “instant land”) in Leecheon-si, and the fact that the Defendant paid KRW 70 million to the Plaintiff on December 3, 2014 through the Defendant’s account as the Plaintiff’s son on December 3, 2014 is not a dispute between the parties.

2. Determination on the main claim

A. On November 28, 2014, the Plaintiff’s assertion entered into a service contract with the Defendant with the content that the Plaintiff would engage in civil engineering and design services necessary for the permission for development activities related to the construction of the instant land logistics center on behalf of the Defendant at KRW 350 million ( KRW 130 million in the first intermediate payment, KRW 130 million in the second intermediate payment, KRW 100 million in the second intermediate payment, and KRW 50 million in the remainder, and received KRW 70 million in the form of contract deposit from the Defendant on December 3, 2014.

The first intermediate payment time is the time of receipt by the competent authority of the design documents.

The plaintiff completed most part of the service work to the competent authority to the extent that it can receive the design documents.

Therefore, the Plaintiff seek against the Defendant the payment of KRW 60 million, which is a part of the first intermediate payment, and damages for delay.

B. As alleged by the Plaintiff, as to whether a service contract was concluded between the Plaintiff and the Defendant, it is difficult to believe that the testimony of the witness E is difficult to believe, the statement of the evidence Nos. 1-1 and the witness evidence Nos. 2 and 5 (including each number) is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. Judgment on the counterclaim

A. On November 2014, the Plaintiff requested the Plaintiff to provide civil engineering and design services for a representative director G of FF corporation, who was not the Defendant’s assertion, but in consultation with the Defendant regarding the development of the instant land. On December 3, 2014, the Plaintiff requested that the Defendant immediately pay the amount of KRW 70 million while receiving the cost of civil engineering and design services from G, and that the Defendant lent KRW 70 million to the Plaintiff on December 3, 2014.

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