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(영문) 서울고등법원 2015.11.06 2015나3930
용역비
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, 60,000 won against the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasons for the judgment of the court of first instance, other than the following, are as follows, and the reasons for the judgment of the court of first instance are as follows. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The entry into the register shall consist of four pages 17 and 18 of the judgment of the court of first instance as follows:

I. The defendant does not pay to the plaintiff the balance of 60 million won out of the settlement amount of this case until now. From 8th to 9th 2th of the judgment of the first instance court, the following shall be stated.

【2) The fact that the Plaintiff entered into a supply contract with the Defendant, such as the chains of guns, etc. of the instant bending, and completed the supply of the said parts.

However, at the request of the Plaintiff on November 15, 2013, the fact that the Defendant paid 18.7 million won including 3.7 million won to I, an operator of the Plaintiff’s customer H company, upon the Plaintiff’s request, is not in dispute between the parties, and thus, the Plaintiff’s claim for this part is without merit.

C. On September 25, 2014, the day following the delivery date of a copy of the application for modification of the purport of the instant claim, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 5% per annum as stipulated in the Civil Act and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment, to Nov. 6, 2015, which is the date of the ruling of the first instance that deemed reasonable to dispute as to the existence or scope of the Defendant’s obligation to perform.

A person shall be appointed.

3. In addition, the Defendant asserts that the Plaintiff’s obligation under the instant agreement includes the Plaintiff’s obligation to supply the Hague Parts, or that the Plaintiff’s said obligation is a condition for the Defendant’s obligation to pay the instant settlement amount. However, the said assertion is made in the following respect:

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