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(영문) 서울중앙지방법원 2020.01.31 2019가단23723
용역비
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,00,000 and the interest rate from June 1, 2009 to the day of full payment.

Reasons

1. Claim against Defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. The grounds of the instant claim against Defendant C are as shown in the grounds of the instant claim, which can be acknowledged in full view of the entries and the purport of the entire pleadings as to No. 2, and the instant lawsuit is instituted for the interruption of extinctive prescription of claims based on the final and conclusive decision of recommending reconciliation, and there is a benefit of lawsuit

Therefore, barring any special circumstance, Defendant C is jointly and severally liable to pay to the Plaintiff KRW 35,00,000 and damages for delay calculated at the rate of 12% per annum from June 1, 2009 to the date of full payment.

Meanwhile, Defendant C entered into a construction service contract with Defendant C, which was submitted by the Plaintiff and Defendant C on July 29, 2019, during the course of carrying out the work with the Plaintiff, stated that “the Defendant entered into a construction service contract with Defendant D on June 1, 2009, and carried out the work with Defendant D, which appears to have been asserted as above.”

The D representative director asserts that the contract becomes null and void upon the death of the Plaintiff, and that the business promotion with D introduced by the Plaintiff was known, so that the service costs to be paid to the Plaintiff could not be paid to the Plaintiff.

However, it is difficult for Defendant C to reject the Plaintiff’s claim of this case against the Defendants only by the above assertion by the Defendant C, and this part of the claim by Defendant C is without merit.

If so, the plaintiff's claim against the defendant C is reasonable and acceptable.

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