용역비
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
1. Determination on the cause of the claim
A. (1) On May 1, 2014, the Defendants requested the Plaintiff, who is a motor vehicle maintenance business entity, to repair the motor vehicle of 6.5 tons of Korean specialty Technology (B). The Plaintiff completed the repair of the said motor vehicle on August 7, 2014.
(2) The Plaintiff, the Defendants, and the insurance company that covered the said vehicle (hereinafter “instant insurance company”) determined the service cost for the repair of the said vehicle as KRW 47,00,000 and value-added tax 4,700,000 in total as KRW 51,70,000 (hereinafter “instant service cost”), and among which the instant insurance company agreed to bear KRW 21,00,000,000 and the Defendants’ respective amount.
(3) The Plaintiff rejected the delivery of the instant vehicle to the Defendants on the ground that the Plaintiff received total of KRW 21,000,000 from the instant insurance company and KRW 24,000,000 from the Defendants, and did not receive the remaining service costs.
Accordingly, on August 7, 2014, the Defendants signed an agreement with the Plaintiff to pay 6,700,000 won (i.e., 51,700,000 won - 45,000,000 won) not paid out of the instant service costs to the Plaintiff by September 30, 2014, and received the said vehicle from the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers if there are branch numbers) and the purport of the whole pleadings
B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the service cost of KRW 6,700,000 and damages for delay calculated at the rate of 10% per annum, which the Plaintiff seeks after September 30, 2014, on the records, from February 22, 2015 to the day following the delivery of a copy of the instant complaint, and from July 9, 2015 to the day of full payment, Defendant (Appointed Party) is within the limit of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 9, 2015 to the day of full payment.
2. Determination as to the Defendants’ assertion