logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.08.18 2015나2868
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to adding the following 2.2. above, the part concerning the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The portion added to the trial;

D. Determination 1 on the remainder of the Plaintiff’s assertion was concluded between the Plaintiff and the Defendant regarding the construction of the instant system. The Defendant’s unilateral notification (in the process of collecting a system, around May 2014, the Defendant’s employees asserted that some of the Defendant’s employees would be excessive in the system’s defect and service cost and would not pay the service cost. Accordingly, the Plaintiff suspended the system modification on May 29, 2014 and prevented the Defendant from using the system in order to pay the service cost. However, given that the Plaintiff’s completed portion according to the service contract is the interest of the Defendant, the Defendant is obliged to pay the Plaintiff the amount of money equivalent to the Plaintiff’s input by the time. Even if it is not acknowledged that the service contract was concluded between the Plaintiff and the Defendant, the Defendant granted the Plaintiff legitimate trust in concluding the contract, and the Defendant refused to conclude the contract without any justifiable reason, and thus, the Defendant did not have any obligation to pay the amount equivalent to the Plaintiff’s health expenses as alleged earlier between the Plaintiff and the Plaintiff’s first 6.

arrow