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(영문) 서울고등법원 2018.04.04 2017나2022221

손해배상(기)

Text

1. In accordance with the claim that was changed in exchange in this court, the defendant shall pay to the plaintiff KRW 147,475,602.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the

2. Under the parties’ assertion, the table refers to the Plaintiff’s submission’s written application for modification of the purport of the claim and the cause of the claim as of May 20, 2016, and the written application for modification of the Defendant’s submission as of February 27, 2018, A’s preparatory documents, A’s evidence Nos. 1 and 5, and B’s evidence Nos. 1 through 4

However, the calculation sheet attached to the contract of this case is included in the "Unpaid contract price (B)" as specified below, but is included in the "unit price (a)" per capita, but is arranged as follows for the convenience of understanding:

(4) 30,10,100 won per 27,826,890 won per head (i) 30,91,250 won 31,576,510 won 30,104,883 general management expenses (a) x 034,807 won 947,295 won 903,147,147 [c=(a) x 03.03 x 0.03] 85,851 won 95,158,7148, 97, 97, 97, 148, 248, 298, 37, 148, 298, 37, 298, 386, 306, 147, 248, 249, 37, 396, 394, 396, 37, 1947.

A. The Plaintiff’s assertion 1) The Defendant’s notice of termination of the instant contract as of June 26, 2013 is null and void, and the instant contract is valid until January 31, 2015, which is the expiration date of the contract term. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid contract price during the contract term from August 1, 2013 to January 31, 2015. (2) The average monthly contract price from May 1, 2013 to July 2013, which falls under the three months immediately preceding the notice of termination of the instant contract, is KRW 39,068,548, and the unpaid contract price should be calculated based thereon.

This is the sum of the "paid contract price" stated in the above table 1=d.