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(영문) 서울중앙지방법원 2015.11.12 2015가합16076
용역비
Text

1. The Defendant’s KRW 72,500,000 as well as the Plaintiff’s annual rate of KRW 5% from August 21, 2015 to November 12, 2015.

Reasons

1. Basic facts

A. The plaintiff is a company engaged in the business of producing printed materials, etc., and the defendant is a person who was the representative director of the company B (hereinafter "non-party company").

B. On January 9, 2013, Nonparty C, one of the operators of the Defendant and Nonparty Co., Ltd, entered into an agreement on the payment of the price for goods to pay KRW 145,00,000 for advertising materials produced and supplied by the Plaintiff in connection with the Plaintiff’s business (hereinafter “instant agreement”) by March 31, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination

A. The Plaintiff seek against the Defendant the payment of KRW 145,00,000 as stipulated in the instant agreement and the delay damages therefor.

Pursuant to Article 408 of the Civil Act, in cases where there are several obligees or obligors, each obligee or obligor has rights and bears obligations in equal rates unless there is any special declaration of intention.

Therefore, if multiple parties become debtors together, they are in principle liable for the installment, unless there is any special declaration of intention.

In full view of the foregoing, the Defendant and C agreed to pay KRW 145,00,000 to the Plaintiff in the instant agreement, based on the full purport of the statement and pleadings by the Defendant and C, and the agreement written at the time can be acknowledged as having no special indication as to the scope of the Defendant’s and C’s debt burden.

Therefore, the defendants can be deemed to bear the above contract amount in equal ratio. Thus, the defendant's obligation amount under the agreement of this case is KRW 72,50,000 (=145,000,000) ± 2).

Ultimately, according to the instant agreement, the Defendant’s objection against KRW 72,50,000 and the Plaintiff’s objection against the scope of the Defendant’s obligation from August 21, 2015, following the delivery of a copy of the instant complaint, as the Plaintiff seeks. From August 21, 2015 to November 12, 2015, the date of the instant judgment.

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