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(영문) 광주고등법원 2019.12.13 2018나24164
용역비
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Determination as to the facts and the primary claim

A. The reasoning for this part of the judgment of the court of first instance is as follows, except for the judgment as to the assertion emphasized by the plaintiff in this court, since 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, this part shall be cited as it is.

(hereinafter referred to as "the first instance court's abbreviation"). (b)

1) The Plaintiff’s assertion is based on the implementation plan for E-Class 1 district under the instant main contract (including district unit planning; hereinafter “instant implementation plan”).

(2) Although the Defendant had known in advance that the above development plan should be prior to the amendment because it is inconsistent with the development plan of E, which is a superior plan, the Defendant requested that the above development plan be revised later, and then the Defendant proceed with the service under the instant main contract without any modifications. Accordingly, the Plaintiff filed an application for the approval of the instant implementation plan by performing the above service, and completed the implementation of the above service with the approval from the Korea Development Bank, and then the approval of the instant implementation plan was revoked as a result of inconsistency with the regional development plan. Accordingly, the Plaintiff is not liable for the cancellation of the instant implementation plan, and the Plaintiff is obligated to pay the Plaintiff unpaid service under the instant main contract, as the performance of the instant main contract was completed, the Defendant is obliged to pay the Plaintiff the unpaid service payment under the instant main contract. (2) The evidence mentioned above, as well as evidence Nos. 9, 10, and 11-1, Nos. 12-2, 2, 9 through 11, and the purport of the entire development plan agreed with the Plaintiff.

However, the following facts and circumstances can be revealed according to the above evidence, Eul's evidence Nos. 3 through 6, K of the first instance trial witness, L's testimony, part of the testimony and the whole purport of the pleading.

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