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(영문) 서울서부지방법원 2019.11.28 2019나35166
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 7, 2017, the Plaintiff and the Defendant registered as the business operator under the name of “F”, held various events, such as stage, sound, lighting, and musical clubs, in relation to the Plaintiff’s events held at the H stage on G date, and held the said outline.

The broadcast program is produced and sent to the Plaintiff, and the Defendant paid KRW 73,150,00 (including value-added tax) to the Plaintiff in return for the program, but the remaining KRW 67,150,000 within five days before the beginning of the event and the remaining KRW 67,150,000 was entered into a contract to pay each within 15 days after the completion of the event (hereinafter “instant service contract”).

B. On August 7, 2017, the Defendant paid KRW 6,000,00 to the Plaintiff.

C. The Plaintiff fulfilled the instant service contract G. D.

On December 12, 2017, E, which operated “F” with the Defendant, verified that the amount payable to the Plaintiff under the instant service agreement is KRW 67,150,00,00, and drafted a deposit undertaking to pay that amount jointly and severally with the Defendant by December 15, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (the defendant's name is based on the defendant's seal, and there is no dispute between the parties that the stamp image after the defendant's name is based on the defendant's seal, and the authenticity of the entire document is presumed to be established), Gap's evidence Nos.

2. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable with E to pay the plaintiff 67,150,000 won and delay damages calculated at the rate of 15% per annum from December 26, 2018 to the day of complete payment, which is the day following the delivery date of the copy of the complaint of this case sought by the plaintiff after the due date of the above claim.

In this regard, the Defendant actually entered into the instant service contract with E, and after entering into the instant service contract, the Plaintiff did not hold the Defendant liable for the instant service contract. The amount of the instant service contract was KRW 43,450,000, and the amount payable is KRW 43,450,00.

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