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(영문) 서울고등법원 2009. 06. 23. 선고 2008누35400 판결
단기용역계약이라도 묵시적합의에 따라 연장된 경우 장기용역계약에 해당됨[국승]
Case Number of the immediately preceding lawsuit

Incheon District Court 2008Gudan485 ( November 13, 2008)

Title

Short-term service contracts are extended in accordance with implied agreement, and are subject to a long-term service contract.

Summary

The service contract was concluded at the beginning with a short-term service contract with a contract period of two to three months, but it was not terminated on the grounds of delay of performance, and it is reasonable to deem that the contract was changed to a long-term service contract with a contract period of at least one year according to the implied agreement between the parties.

The decision

The contents of the decision shall be the same as attached.

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's refusal to correct the capital gains tax against the plaintiff on July 11, 2007 shall be revoked.

Reasons

The court's reasoning for this case is as follows: "No. 21-3" is added to "No. 22, 23, and No. 24-1 through No. 17 of "No. 24" after "No. 22, 23" and "No. 24 of "No. 14 through No. 17" are added to "No. 20 of "No. 21-3" after "No. 21-2,658,90 of No. 5 of the first instance court's judgment" and "No. 14 through No. 17 of the second instance court's judgment" moved to "No. 82,659,90" to "No. 82,658,90 of the first instance court's judgment" and "No. 28 of the court's judgment of the first instance court's judgment of the first instance court's judgment of 200-1, 2003.

Therefore, the judgment of the court of first instance is just, and it is judged the same as the order to dismiss the plaintiff's appeal.

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