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(영문) 서울중앙지방법원 2020.09.11 2019가단5000985
채무부존재확인 및 용역비 청구
Text

The part of the Plaintiff (Counterclaim Defendant)’s claim for the confirmation of existence of the obligation shall be dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) The Plaintiff is a personal business entity engaged in design business, interior business (a construction work less than 15,000,000 won per case) with the trade name of “C”. 2) The Defendant, a trade name of “D”, engaged in roller machine operation business, performance planning business, etc., and established E around August 2018.

B. The Defendant concluded and performed a brand and space design service contract 1) The complex cultural space, such as roller rink, etc. (hereinafter “instant roller rink”) with the trade name of “G” on the size of 1,321.139 square meters of underground floors of the building 1st, 321.139 square meters of the building located in Songpa-gu Seoul Metropolitan Government.

(2) On June 22, 2018, to establish a brand and space design service contract (hereinafter “instant contract”) with the Plaintiff between the Plaintiff and the Plaintiff.

The main contents of this Agreement are as follows. The design consulting project - D brand and space design - Article 1 (Contract Purpose) provides for all matters necessary for the implementation of the design consulting project requested by “C” from “D”. The task performed by “C” under Article 2 (Details of Projects) is the brand and space design of one kind of multi-cultural space, including rollers requested by “D”. “D” under Article 5 (Payment of Price) shall be paid to “C” in return for the entire progress of the project, KRW 20,000,000 (Separate Value-Added Tax) in the accounts below. The remainder of KRW 10,000,000 (Separate Value-Added Tax) shall be paid by June 30, 200, and the remainder of KRW 10,000,000 (Additional Value-Added Tax) shall be transferred within the scope of 10,000,0000 (Separate Design and Type 4,000,0000 Design and Type 3,00.

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