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(영문) 서울중앙지방법원 2017.07.07 2016나12785
용역비
Text

1. Defendant SMpro, Inc. in the judgment of the first instance, including the preliminary claim added by this court.

Reasons

1. The scope of this Court’s judgment is the Plaintiff’s primary claim against Defendant B&P, and the claim against Defendant B&P, both of which are the Plaintiff’s primary claim for service payment premised on the premise that each of the above Defendant is a party to a contract for the development of a program for building a Chinese medical tourism shopping mall site.

The first instance court dismissed the claim against Defendant B&P, and partly accepted the claim against Defendant B&P, and only Defendant B&P appealed appealed.

However, the Plaintiff’s claim against the Defendants is a claim that is legally incompatible and is a subjective and preliminary co-litigation pursuant to Article 70 of the Civil Procedure Act, and thus, it is necessary to make a conclusion final and conclusive between all parties.

Therefore, only the conjunctive Defendant AM protocol filed an appeal against the judgment of the first instance.

Even if there is a claim against the main defendant non-Wnb prone, the confirmation is also prevented, and it is transferred to this court and is subject to adjudication.

2. Basic facts

A. On September 12, 2013, the Plaintiff entered into a service contract with Defendant EM to carry out the development of a program to build a medical tourism shopping mall site (hereinafter “instant program”) (hereinafter “instant service contract”) (hereinafter “instant service contract”) and the main contents of the contract are as follows.

(‘A’ refers to Defendant MM pro, and “B” refers to the Plaintiff). Article 3 (Contents and Scope of the Contract)

1. The present contract agrees to develop and supply the project “B” with the objective of “A” by establishing the “project”, and the “A” agrees to pay the development cost to “B”.

2. “B” is to carry out the project “B” in accordance with this Agreement, and specific.

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