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(영문) 서울고등법원 2017.10.27 2016나2082936
용역대금지급 청구
Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in this court, the defendant shall be the plaintiff.

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows. The plaintiff's claims extended in this court and the defendant's claims emphasized or added are as follows, except for adding the following judgments, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of

▣ 제4쪽 마지막 행의 “지급할 의무가 있다” 다음에 “(이하 원고가 이 사건 용역계약에 따라 구하는 용역대금을 ‘이 사건 용역대금’이라고 한다)”를 추가함

2. According to the evidence No. 1 of the judgment on the claim extended by this court, the value-added tax on the service price under the instant service contract may be paid separately from the service price. Thus, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 25, 2017 to the day of full payment, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant did not affix his seal on the instant service contract (Evidence A), and the F et al. obtained the Defendant’s seal imprint certificate and the certificate of personal seal from the Defendant and voluntarily prepared it. The Defendant, prior to the instant service contract, has experience in causing damage to the failure of drafting a district unit plan, and there is no reason to conclude the instant service contract again, and the Plaintiff’s representative director at the time of the instant service contract was G when the Plaintiff was requested by F to provide services, etc. support that the Defendant’s seal stamp was forged under the instant service contract. 2) The instant service contract is designated as a district unit planning zone for the instant project.

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