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(영문) 서울남부지방법원 2015.09.17 2014가단226226
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. On September 2013, the Plaintiff Company agreed to perform various duties, such as the progress of the pulse project, the submission of project proposal and the scope of the project necessary therefor, technical review, etc., as delegated by the Defendant Company, with respect to the construction work of the sewage treatment plant of South and North Colombia (hereinafter “instant project”) around September 2013. The Plaintiff Company led the Defendant Company to carry out the instant project. The Plaintiff Company delivered the know-how on the owner of overseas construction works, sent the know-how on the owner of overseas construction works, visited and dominate, and agreed to perform the instant project with the Defendant Company to perform the instant project under the direction of the Defendant Company. The Plaintiff Company: (a) sent the know-how on the owner of overseas construction works; and (b) sent the know-how on the local site and domination; and (c) related persons contact with the Defendant Company.

(2) The Defendant Company unilaterally terminated the instant marina services contract on January 1, 2014. Therefore, the Defendant Company is obligated to pay the Plaintiff Company the necessary expenses, namely, the service expenses, namely, the service expenses, KRW 45,912,128, and KRW 5,45,792, including KRW 51,357,92, and delay damages.

B) If, as alleged by the Defendant Company, there was no fact that the instant marina services contract was concluded, the Defendant Company, without any legal cause, obtained profits from the Plaintiff Company’s labor and thereby inflicted losses on the Plaintiff Company, and thus, the Defendant Company is obligated to refund the necessary expenses incurred by the Plaintiff Company as above. C) The Defendant Company clarified its intent to participate in the instant business as a main agent in relation to the instant business, and the Plaintiff, who trusted this, performed various services and borne expenses as above.

Nevertheless, the defendant company unilaterally operates the business without any prior consultation with the plaintiff company.

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