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(영문) 서울동부지방법원 2019.10.23 2018나27692
용역비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a publicity agency business for dental laboratories, and the Defendant is a person who operates a dental laboratory (trade name D).

B. On June 2, 2017, the Plaintiff and the Defendant concluded a service contract for public relations agency for dental laboratories operated by the Defendant (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 2 (Contents of Services and Terms of Contract)

1. A (the defendant; hereinafter the same shall apply) shall request B (the plaintiff; hereinafter the same shall apply) (the plaintiff; hereinafter the same shall apply) to provide the following services and accept B:

Services: Public relations and business activities on behalf of all press goods except Denmark (dden) and stefry performed at A dental laboratories;

2. Term of contract: Article 3 (Total Method of Payment of Service Price) from July 5, 2017 to June 5, 2018;

1. Service costs: 10% of the monthly sales of KRW 1.8 million (10% of the monthly sales includes from the sales of a sexually dead customer due to the commencement of public relations activities, such as the introduction of dental services and the promotion of publicity after April 2017. The remainder, excluding three existing customers of Party A, shall be deemed public relations and business activities of Party B.)

2. Time of payment of price: Article 5 (Compensation for Damages)

1. Where a Party A pays the service price by the fifth day of each month which is the date of payment or settlement, 30% interest for the unpaid amount shall be paid annually;

2. Where any erroneous settlement or omission of sales is revealed by intention or negligence, the entire amount of the relevant error shall be paid.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The plaintiff's assertion omitted sales revenue of KRW 149,740,50 in the separate sheet 1 Hbank account transaction statement from the plaintiff. Since the defendant falsely settled sales revenue of KRW 22,33,00 in the separate sheet 2 dental transaction statement by Attached 2,33,00, the plaintiff was paid KRW 172,073,50 in total each of the above sales revenue (= KRW 22,33,00 in KRW 149,740,50 in total) in accordance with Article 5 of the contract of this case.

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