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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Summary of the plaintiff's assertion
A. On June 10, 2013, the Plaintiff entered into a contract for the new construction (construction, electricity, fire-fighting, and communications) of the Defendant’s office building in Seoul Western Branch (hereinafter “instant new building”) with the Defendant from July 2013 to August 31, 2013. From June 10, 2013 to July 18, 2013, the Plaintiff was obligated to pay the Plaintiff damages for delay as part of the Plaintiff’s claim amounting to KRW 63,886,628 (professional engineer) calculated based on the standards for calculating the design service cost of the Plaintiff’s association (professional engineer) and one high-class engineer to perform work for 39 days, or due to the Defendant’s unilateral termination of the design service contract of this case, the Defendant is obligated to pay the Plaintiff’s damages for delay of KRW 63,886,628,00,000 and damages for delay.
B. Preliminary claim, even though the Plaintiff and the Defendant did not conclude a design service contract as alleged by the Plaintiff, the Defendant, as a matter of course, acted to the Plaintiff as if the service contract would have been concluded in the process of concluding the new building design service contract of this case and negotiations thereof, and ordered the Plaintiff to perform the service. Since the Plaintiff believed such behavior and instruction and performed the design service business for 39 days, the Defendant’s refusal to conclude the design service contract with the Plaintiff without justifiable grounds constitutes an unlawful act beyond the limit of the freedom of contract. The Defendant is liable for damages equivalent to the cost incurred by the Plaintiff for the performance of the contract. As seen earlier, the amount is KRW 63,886,628, which is the cost of the Plaintiff’s performance of the service contract for 39 days, and the Plaintiff’s demand payment of KRW 18,00,000 as part of its claim to the Defendant.
2. Determination:
A. (i) The Plaintiff is engaged in the duties, such as architectural design.