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Reasons
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(영문) 전주지방법원 2021.03.31 2020나219
청구이의
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The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party, etc. (hereinafter “Plaintiff”) is a legal entity that aims at the construction design business, etc.; the Defendant (hereinafter “Defendant Company”) is a legal entity that aims at the construction design and related service business; and C is a person who established the Defendant Company on April 26, 2018, along with D, the representative director of the Defendant Company as of April 26, 2018, when he/she worked for about 18 years at the Plaintiff Company.

B. (1) On April 2018, including the conclusion of a service contract, the Plaintiff Company, the recipient “E (Representative C),” and the contract amount of KRW 12,714,000, entered into a technical service contract (hereinafter the above contract) with the Plaintiff Company and C (hereinafter “instant service contract”) and thereafter, the work under the instant service contract was completed.

(2) On the other hand, around April 2018, when similar to the instant service contract, the Plaintiff Company and C prepared a technical service contract (ndoe) with respect to the “G service” (ndoe) and “H service” (hereinafter “the instant contract”) with the Plaintiff Company and C, and received the tax invoice issued by the Defendant Company by paying the total amount of KRW 17,624,00,000 as the deposit account of the Defendant Company, respectively, in the amount of KRW 6,216,850, the contract amount, 11,403,60, respectively.

(c)

(1) The Defendant Company filed a lawsuit of non-performance claim (former District Court 2018 Ghana 60044) with the purport that it did not receive service costs equivalent to 12,714,000 won under the instant service contract against the Plaintiff Company.

(2) On December 12, 2018, the said court held that “The Plaintiff Company shall pay to the Defendant Company KRW 12,714,000, and objection thereto from July 31, 2018.”

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