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(영문) 울산지방법원 2017.02.16 2016가단22904
용역비수수료
Text

1. The Defendants are jointly and severally liable to pay 121,440,000 won and 15% per annum from September 27, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 2, the Plaintiff entered into a contract with the Plaintiff to verify that service costs of KRW 12,1440,000 have been unpaid and to pay it within three days from the date of the Plaintiff’s claim for service costs (hereinafter “instant contract”) on Apr. 26, 2016. The Plaintiff can be acknowledged as claiming the Defendants for service costs against the Defendants on Apr. 26, 2016.

According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff the service cost of KRW 122,1440,000 and the damages for delay calculated at the rate of 15% per annum from September 27, 2016 to the day of complete payment, following the delivery of a copy of the complaint (payment order) of this case, pursuant to the contract of this case, to the Plaintiff, unless there are special circumstances.

As to this, the defendant Mady C&C asserts that the plaintiff could not respond to the plaintiff's request because it was inevitable for the above defendant to enter into the contract of this case with the wind that prevents the plaintiff from entering into a union member sales contract of this case.

However, there is no evidence to prove that the above defendant has been forced to enter into the instant contract due to the interference with the conclusion of the Plaintiff’s union member sales contract.

Therefore, the above defendant's above assertion is not reasonable without the need to review the remainder of the issue.

Therefore, the plaintiff's claim against the defendants is legitimate, and all of them are accepted, and it is so decided as per Disposition.

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