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(영문) 수원지방법원성남지원 2017.11.24 2016가단230040
설계용역대금
Text

1. Defendant B shall pay to the Plaintiff KRW 36,100,000 and the interest rate of KRW 15% per annum from September 23, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Around 2015, the Plaintiff concluded a design service contract with Defendant B, C hotel D, Busan D, and E, verbally.

The purpose of this paper is to determine the amount of KRW 50,000,000 on the service cost to the extent that it does not considerably go beyond KRW 50,000 through a written estimate later.

(hereinafter “instant service contract”). B.

The plaintiff completed all design under the design service contract of this case.

41,80,000 won (including value-added tax; hereinafter the same shall apply) in the case of D points for which an estimate has been made according to the design plan completed thereafter, and calculated the service cost of KRW 56,100,000 in the case of E points, and paid to the Defendant. The Defendant did not raise any objection.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 11 (including branch numbers; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. Determination

A. As to the primary claim, the Plaintiff asserted that the instant service contract was entered into with Defendant E&C, but it is difficult to acknowledge the fact that there is no other evidence to acknowledge the allegation. 2) The Plaintiff entered into the instant service contract with Thai E&C, and subsequently succeeded to the status of Defendant E&C as a contracting party. However, even though the testimony of Defendant E&C, it is difficult to acknowledge the fact that the Plaintiff entered into the instant service contract with Thai E&C and the testimony of Defendant E&C alone, on the sole basis of the entries as set forth in subparagraphs 1 through 11 (Evidence No. 5) and the testimony of witness F, it is difficult to acknowledge the fact that the Plaintiff entered into the instant service contract with Thai E&C, but there is no other evidence to acknowledge the succession of the status of a contracting party to the service contract.

3. All of the plaintiff's primary claims shall not be accepted.

B. According to the above facts of recognition as to the conjunctive claim, this case between the plaintiff and the defendant B.

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