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(영문) 서울고등법원 2020.03.20 2019나2015296
용역비
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,085,279,259 and KRW 127,090,095 among them.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the first instance court's reasoning, except for the cases mentioned in paragraph (2) below, and thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The decision of the first instance on the remaining part shall be from the 5th to the 17th 6th 17th mix as follows:

B. According to the facts acknowledged earlier, the Plaintiff’s right to rescind the instant contract pursuant to Article 14(1)1 of the instant contract was created, and the Plaintiff’s declaration of intent to rescind the instant contract was served on the same day. Thus, the instant contract was rescinded on June 20, 2018, which is the delivery date, on June 20, 2018.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff the price for the design business already performed pursuant to Article 17(1) of the contract of this case and the delay damages therefor.

C. The plaintiff partly changed the design documents at the defendant's request, and the purpose of changing the deliberation and resolution of the Seoul Building Committee, and the defendant agreed to pay additional service costs to the plaintiff at the time of the completion of the above amendment. The defendant asserted that the defendant should pay the plaintiff the full amount of additional service costs under the second contract. Thus, we examine the second contract (hereinafter referred to as "the second contract").

1. According to the evidence revealed earlier, on May 1, 2012, the Seoul Building Committee deliberated and resolved on the instant project. The Plaintiff and the Defendant partially modified the design on September 2, 2013, and accordingly changed the deliberation and resolution of the said Building Committee, the Defendant’s service payment 100 million won to the Plaintiff.

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