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(영문) 서울중앙지방법원 2017.01.23 2016나22706
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Comprehensively taking account of the following facts acknowledged as to the cause of the claim, the contract was normally concluded between the Plaintiff and the Defendant on the production of promotional video works, and the Plaintiff’s completion of the implementation and delivery of the result to the Defendant.

Therefore, the defendant is obligated to pay the fees of KRW 14,30,000 for the services provided by the plaintiff to the plaintiff and damages for delay calculated at the rate of KRW 5% per annum prescribed by the Civil Act from June 18, 2013 to October 6, 2015, the delivery date of a copy of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

On February 2, 2013, the Plaintiff was requested by a member A of the Defendant Company to produce promotional video works (TV-CM 2D works on Part 1 and musical video 2).

B. A and a person in charge of the Plaintiff’s side determined the work content and service cost after the meeting, and reported this to the Defendant’s representative director on the content of the contract.

C. On April 12, 2013, the Plaintiff completed editing work, etc. of promotional video works, and delivered the results to the Defendant A. D.

Defendant B sent to the Plaintiff a copy of the Defendant’s business registration certificate and an electronic tax invoice e-mail address for the payment of service charges. On June 17, 2013, the Plaintiff sent an electronic tax invoice stating KRW 14,300,000 (including value-added tax 10%) to the e-mail address received from the Defendant and filed a claim for the payment of the service charges.

E. The Defendant approved the electronic tax invoice received from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap's testimony, Gap's evidence, Gap's evidence No. 1 to 8, Gap's evidence No. 11, the purport of the whole pleadings

2. Thus, the plaintiff's claim should be accepted for the reasons, and the court of first instance.

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