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(영문) 수원지방법원안산지원 2014.11.25 2014가단101194
계약금 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around January 2012, the Plaintiff entered into a design service contract (hereinafter “instant service contract”) with B (the representative C; hereinafter “non-party company”) on the condition that the Plaintiff would be paid KRW 205,828,000 for the service cost after preparing the design drawings, etc. of the members D 6 stories, 8 stories, total floor area, 26,391.87 square meters of new buildings in Ansan-si, Ansan-si. However, at the time of the design service contract, the Plaintiff would be paid KRW 50,00,000 for the service cost, KRW 50,000,000 for the designation of a facility for collective accommodation of venture businesses, and the remainder of KRW 105,828,000 for the design change and the completion of the building register (hereinafter “instant service contract”).

[Ground for recognition] Unsatisfy

2. The Plaintiff asserts that all of the non-party company and the Defendant are practically running by E, and that the Defendant succeeds to the status of the owner of the non-party company after incorporation on February 22, 2012, and that he succeeded to the legal status of the non-party company, the contracting party under the instant service agreement, and that the Defendant was designated as a facility for the collective location of venture businesses on April 2, 2012, and that the Defendant is obliged to pay the Plaintiff KRW 100,000,000 and damages for delay pursuant to the instant service agreement.

Plaintiff

As shown in the argument, there is evidence No. 1, but the submission or delivery of a document must be the original, original, or certified copy. Thus, the submission of evidence by only a simple copy shall not be the original, original, or certified copy, is unlawful in principle as there is no accuracy guarantee. However, even in the case of such copy, if there is no dispute over the existence of the original which is the same content and the authenticity of the establishment of the original, and if there is no problem about accuracy, there is no objection from the other party as to the substitution of the original copy, the submission of evidence by only the submission is waived or lost, but there is dispute over the existence of the original and the authenticity of the establishment.

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