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(영문) 서울서부지방법원 2016.05.26 2015가합1673
용역비
Text

1. The defendant shall jointly and severally with the non-party corporation B to the plaintiff KRW 260,150,000 and its amount from September 16, 2015 to May 2016.

Reasons

1. Facts below the facts of recognition may be found either in dispute between the parties or in Gap evidence 1 to 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and Eul evidence 1, together with the whole purport of the pleadings. A.

On July 17, 2014, the Plaintiff produced five copies of video works referred to as “C” from the Nonparty Company that was the representative director, and received a contract for the production cost of 162,500,000 won (per time, 32,500,000 won per 1 time, value added tax), and produced and supplied the program in accordance with the terms and conditions of the contract.

(hereinafter referred to as the “first production contract”). (b)

On August 1, 2014, the Plaintiff was awarded a contract with the non-party company for the production cost of KRW 517,500,000 (excluding KRW 34,500,000 per time, value-added tax) for the services that the Plaintiff would produce 15 copies of video works referred to as "D" from the non-party company and deliver them to KS, and the Defendant thereafter jointly and severally guaranteed the obligations of the non-party company under the contract with the non-party company

(hereinafter referred to as “the above contract” under the second production contract. The Plaintiff produced and supplied a part of the program under the contract, and the production price for the program is KRW 337,480,000 (including value-added tax).

C. Meanwhile, when the non-party company was unable to pay part of the price under the first production contract and pay the remainder of the production price, the non-party company stated the production price not paid to the Plaintiff on September 19, 2014 as KRW 16,535,00,000 (including value-added tax) including the cost of producing a program mold 6,600,000 won (including value-added tax) in the certificate No. 2 of which the agreed amount is KRW 175,350,000 (including value-added tax). However, in the application for modification of the claim and cause of the lawsuit in this case, the plaintiff calculated the claim amount on the premise that the agreed amount is KRW 165,350,00,

B made an agreement to repay not later than September 30, 2014.

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