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(영문) 수원지방법원성남지원 2017.11.30 2017가단201995
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. On April 30, 2013, the Plaintiff’s gist of the Plaintiff’s assertion: (a) concluded a service agreement (hereinafter “C”) with the Defendant setting the service cost of KRW 150 million (excluding value-added tax); and (b) concluded a service agreement (hereinafter “instant service agreement”) with the Defendant via the development test and evaluation (DT) for five days from October 21, 2013 to October 25, 2013; (c) submitted a report on the results of the development test and evaluation of the instant service goods to the Defendant on October 31, 2013; or (d) completed the delivery of the instant service goods by December 4, 2013; and (e) the payment date of the service payment under the instant service agreement was not paid from the Defendant on April 30, 2013, which is the date of the instant service agreement, and thus, the Defendant is obligated to pay the Plaintiff the service payment of KRW 16 million (including value-added tax) and damages for delay.

B. 1) In order to establish a contract of related legal principles, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters that form the content of the contract in question. However, the agreement on the essential or important matters must be made with respect to the standards, methods, etc. which are specific or at least specific in the future, and in the absence of agreement with the parties on matters that the agreement should be reached, it is reasonable to deem that the contract has not been concluded unless there are special circumstances (see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). The assertion and burden of proof as to the completion of the contract is against the contractor claiming the payment of remuneration for the outcome of the day, and in order to have the date completed in the contract of production supply, it is merely the fact that the contract is completed once the last scheduled fairness.

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