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(영문) 대구지방법원 2019.07.10 2018나322331
용역대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant C church (hereinafter referred to as “Defendant church, the name of the organization before the alteration: the name of the organization before the alteration”) is a church located in Yongsan-gu F in ancientyang-si, and Defendant B is the representative of the Defendant church.

B. While Defendant church intended to newly construct a church, but failed to proceed as a matter of financing, the Plaintiff, a certified architect, who designed to engage in a mutual design service at the Japanese G Building EXPO around 201 as “H architect office,” was only the Plaintiff, and the Plaintiff agreed to promote the construction of a church along with the defective Plaintiff, who tried to provide assistance related to the construction of the church, such as lending of funds.

C. Around May 2012, the Plaintiff first prepared a new building design drawing for a building permit and applied for a building permit on May 30, 2012.

At the time, the plaintiff and the defendant church did not separately prepare a construction design service agreement, but the defendant church delivered the written consent to land use, the minutes of the operating committee, the certificate of church seal, etc. to the plaintiff.

On June 27, 2012, the defendant church was granted a building permit, but the church did not commence the construction of the church because it did not get a loan, and the I land was sold at the time of the strike, which was the building site.

E. On February 3, 2016, the Plaintiff sent to the Defendant church a certificate of content of claiming the payment of the said construction design service cost.

Accordingly, on April 28, 2016, the Defendant church sent a certificate of content to the effect that “the Plaintiff is responsible for the construction design and supervision, etc. on the condition that the Plaintiff is responsible for the construction of the church, such as financial support necessary for the construction of the church (such as the implementation of loans) and the selection of the city construction, but it is impossible to comply with the claim for service costs because it fails to implement the loan.”

[Ground of recognition] In the absence of dispute, Gap evidence 1 to 3, Gap evidence 5, Eul evidence 2 (including each number), the result of the first instance court's examination, the whole pleadings.

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