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(영문) 광주지방법원 2016.02.03 2015나10116
용역비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On April 2009, the Plaintiff entered into a service contract with Defendant B (hereinafter “Defendant B”) with the content that the Plaintiff would conduct a quality test of construction materials to be used by Defendant B, and Defendant C jointly and severally guaranteed Defendant B’s obligation to pay fees to the Plaintiff.

B. From March 2007 to September 2007, the Plaintiff provided Defendant B with services of quality testing and inspection of construction materials equivalent to KRW 4,236,820 (including value-added tax).

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the examination fees of KRW 4,236,820 and damages for delay.

2. The written evidence Nos. 1 and 2 of the judgment of the court below is insufficient to acknowledge the above assertion. Since there are no other evidence, the plaintiff's above assertion is without merit.

3. As such, the plaintiff's claim is dismissed due to the ground for rejection, and the judgment of the court of first instance is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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