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(영문) 서울중앙지방법원 2016.08.10 2016가단5047587
용역비
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. On January 2, 2015, C and D, the Plaintiff’s employee of the Plaintiff, entered into a trade and consulting agreement with the Defendants on land and buildings in Gangnam-gu Seoul, Seoul (hereinafter “instant consulting agreement”) and set the service amount at KRW 187 million (including value added tax). Although the Plaintiff provided all services under the instant consulting agreement, the Defendants paid KRW 17 million to the Plaintiff and claimed payment of the remainder amount of KRW 80 million and damages for delay.

B. On January 2, 2015, the Plaintiff, through C and D, issued to the Defendants the name of “F Real Estate” written in front of the Plaintiff, instead of the Plaintiff, and written receipts or written confirmations with respect to the service costs received from the Plaintiffs, and prepared and issued a receipt or written confirmation under the name of C, other than the Plaintiff’s employee, in light of the following circumstances, i.e., the consulting service contract (Evidence A 4) submitted by the Plaintiff with the Defendants, claiming that the Plaintiff entered into the instant consulting contract with the Defendants, i.e., the agreement entered into between C and C and the Defendants, i.e., the Domin Global Global Co., Ltd., unrelated to the Plaintiff, and the Defendants. (ii) The Defendants and C, who were in charge of the actual business of trading, trading, and consulting on the land and buildings in Gangnam-gu, Seoul, and the Plaintiff did not directly receive the Plaintiff’s receipt or written confirmations from the Defendants, ③ the Plaintiff did not directly receive the Plaintiff’s payment from the Defendants from C and C2 D 1 to the Plaintiff.

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