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(영문) 서울중앙지방법원 2019.08.30 2018나75261
용역비
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) to dismiss “may be terminated” under Section 2 of the judgment of the court of first instance; (b) to add the following contents to Chapter 5, Section 19; and (c) to the effect that “five percent per annum prescribed by the Civil Act” under Section 7, is “six percent per annum prescribed by the Commercial Act” under the main sentence of Article 420 of the Civil Procedure Act. Thus, it is identical to the reasons for the judgment of

In addition, the defendant raised a defense to the effect that the damage claim as set forth in Paragraph 2-b above against the plaintiff and the plaintiff's above agreed amount set off against the equivalent amount. However, as seen later, unless the defendant's damage claim against the plaintiff is acknowledged, the defendant's above set-off defense premised on the existence of the above damage claim is without merit, as long as the damage claim against the plaintiff is not acknowledged."

2. If so, the plaintiff's claim of this case is accepted in its reasoning, and the defendant's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is unfair in some different conclusions, but only the defendant appealeds only, it cannot change disadvantage to the defendant, who is the appellant, under the principle of prohibition of disadvantageous alteration. Thus, the defendant's appeal is dismissed. However, the judgment of the court of first instance is dismissed. Paragraph 2 of the judgment of the court of first instance is all dismissed. "The plaintiff (the plaintiff)'s claim of this case is 13,866,250 won and its counterclaim against the plaintiff (the plaintiff) and 6% per annum from December 3, 2015 to the delivery date of the copy of the complaint of this case, and 15% per annum from the next day to the day of complete payment." Thus, it is obvious that the plaintiff's claim of this case is correct. It is so ordered as per Disposition.

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