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(영문) 창원지방법원 2020.09.18 2019나5066
용역비등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the manufacturing business with the trade name “D” in Yangsan-si, and the Defendant is a person engaged in the manufacturing business with the trade name “F” in Kimhae-si, Kim Jong-si.

B. From the end of August 2018 to December 31, 2018, the Defendant entered into a construction contract with a construction cost of approximately KRW 200 million, and produced and supplied straw letters to a business entity located in Washington. Of them, the adjoining construction work part, etc. was subcontracted to I who run “H” in G in Kim Sea, and I re-subcontracted the Plaintiff with the Defendant’s introduction.

C. The Plaintiff provided contact service to I operating “H” from October 2018 to December 2018.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. Determination as to the claim for the re-subcontract price

A. The Plaintiff asserted that the Plaintiff provided services equivalent to KRW 38,105,000, to I operating “H” according to the Defendant’s introduction.

However, on December 3, 2018, I paid only KRW 9,000,000 out of the above service costs, and did not pay the remaining service costs.

Accordingly, on December 31, 2018, the Plaintiff requested the Defendant, who is the ordering person, to pay the remainder of the service cost directly, and agreed that the Plaintiff, I, and the Defendant shall pay the remainder of the service cost directly to the Plaintiff.

On January 1, 2019, the following day, the Defendant paid KRW 13,625,00 to the Plaintiff.

On the other hand, on January 10, 2019, the Plaintiff sent a content certificate (hereinafter “instant content certificate”) to the Defendant in order to receive the remaining service cost of KRW 15,480,000 ( KRW 38,105,000 - KRW 9,000,000 - KRW 13,625,000). On January 31, 2019, the Defendant received the instant content certificate, and paid the remaining service cost to the Plaintiff by signing and sealing it on the said content certificate.

Since then, the defendant shall pay to the plaintiff KRW 4,500,000 on February 2, 2019, and February 2, 2019.

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