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(영문) 서울중앙지방법원 2016.01.22 2012가합534122
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The Defendant provided the Plaintiff with services related to the production, management, and maintenance of various web-sites related to the private teaching institute business operated by the Defendant, and the Plaintiff performed his best service.

However, there was an implied agreement that the appropriate amount of remuneration should be paid.

Therefore, the Plaintiff seeks payment of KRW 417,388,01 (=C’s website-related work of KRW 112,670,326 related to “D website” in KRW 189,538,866 (E website-related work of KRW 38,078,819), based on an agreement to perform the above services and receive appropriate remuneration, or on the Plaintiff’s claim to return unjust enrichment arising from the Plaintiff’s failure to receive compensation (i.e., payment of KRW 77,100,00).

Judgment

In light of the following circumstances, the statement of No. 1, B’s evidence, and witness F’s testimony, namely, that there is no specific evidence to prove the content and method of the service of the Plaintiff’s assertion that the Plaintiff performed on behalf of the Defendant, and the timing of completion thereof; even according to the evidence submitted by the Plaintiff, the person who produced and managed the website “C”, “D” and “E” appears to be G Co., Ltd., which is not the Plaintiff; the owner of each website is not the Defendant but D, and all other circumstances revealed in the pleadings, the evidence submitted by the Plaintiff alone provided services for the production, management, and maintenance of the website claimed by the Plaintiff to the Plaintiff, and accordingly, the Plaintiff performed the service.

The plaintiff provided services for the defendant, or paid broadcast expenses for the exclusive use of the video server to the defendant, and the defendant obtained benefits without any legal grounds.

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