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(영문) 대구지방법원 2019.01.17 2018나4671
용역비
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Around June 2015, the gist of the Plaintiff’s assertion: (a) the Defendant’s actual representative C requested the planning design for the 16-dong and 7-dong construction project on the land of 16-dong and 7-dong construction project of Gyeongjin-gun, Chungcheongnam-do; and (b) supplied the planning design design and ice Do; and (c) around January 2016, via C, the Defendant and the Defendant under a contract for the planning design of KRW 39 million (excluding value-added tax) with respect to the new construction project of Y-gu, North Korea-si, and the 7-dong construction project of Y-gun, Chungcheongnam-do (hereinafter “instant planning design”).

(2) The Defendant is obligated to pay KRW 19.5 million for the service cost of the first planning design of this case to the Plaintiff, which was completed up up to approximately KRW 25-30% of the planning design of this case, among the design work of this case, KRW 19.5 million for the service cost of the first planning design of this case ( KRW 8 million for the single house design of this case x 2.5%) and KRW 7 million for the design cost of the pentry design of this case ( KRW 28 million x 25%) and KRW 9.75 million for the service cost of the second planning design of this case (= contract amount of KRW 30 million x 25 million x 25%) and KRW 29.25 million for the service cost of the second planning design of this case (i.e., the service cost of this case 19.5 million x 975 million) (i.e., the service cost of this case)

2. Determination

A. According to the part on the claim for service cost as to the plan design of this case in the first instance court’s first instance court’s testimony, the statement No. 5 and 6 as well as the witness of the first instance court’s first instance court’s witness F, the Defendant management department testified to the effect that “A (one title H and one title appears to be I; hereinafter “C”) is a witness attending the case of the Plaintiff’s claim for service cost as a witness in the Daegu District Court’s 2017Kadan4537 on April 17, 2018 with respect to the Plaintiff Company G (hereinafter “G”), and C (one title H and one title are deemed to be I; hereinafter “C”) established and operated by the Defendant. On June 11, 2018, the first instance court of this case in the first instance.

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