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(영문) 서울중앙지방법원 2017.11.17 2017나32151
용역비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

The reasoning of the judgment of the court of first instance cited in the part of the judgment concerning the statement in the reasoning is as follows, except for the part of the judgment of the court of first instance 3 to 10. Thus, the part of the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 4) However, there is no dispute between the parties as to the failure of the Defendant to fulfill the terms of payment of service costs. Such terms of payment of service costs are conditions of suspension for future service costs pursuant to Article 5(1) of the service contract of this case. Such terms of payment of service costs are conditions of suspension for future service costs pursuant to Article 5(1) of the service contract of this case, and such terms of payment of service costs shall be deemed conditions of rescission for the service costs which the Defendant has already paid in advance pursuant to Article 5(2) of the service contract of this case. Accordingly, the Defendant’s failure to fulfill the terms of payment of service costs became null and void, and the Defendant accordingly is obligated to refund the amount equivalent to the service costs received in advance. 5)

According to the purport of Gap 3 and Eul 10 as a whole and the arguments, the plaintiff actually paid KRW 36,746,00,000, after deducting part of the service costs that he paid in advance to the defendant as withholding tax from the amount of tax on the business income, etc. of the defendant.

Serial 1 Amount paid on December 24, 2014 2,901,00 won 2,901,000 won on December 23, 2015 3.2,901,00 won on February 25, 2015 4.2,901,00 won on March 25, 2015 5. 2,901,00 won on April 24, 2015 6. 3,00 won on May 22, 2015 6. 3,01,00 won on the aggregate of KRW 6,901,00 on May 22, 2015 3, 2016, 10. 1,000 won on June 29, 2015; 1,000 won on May 36, 201, 203, 2015

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