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(영문) 수원지방법원 2017.01.11 2016가단506973
용역비
Text

1. Defendant Information Construction Co., Ltd.: (a) KRW 26,712,00 for the Plaintiff and its related amount from February 6, 2016 to April 12, 2016.

Reasons

1. Basic facts

A. At the same time, C, while engaging in human resources supply business at the construction site, the Plaintiff, who operates a restaurant in the name of D, entered into a service supply contract with the Defendant Information Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and provided human parts at the construction site of electric power resource E located in the location of the Defendant Co., Ltd.,

B. Accordingly, from December 24, 2015 to January 18, 2016, a service charge claim of KRW 2,9540,000 and a food expense claim of KRW 1,672,00 have occurred, and the Defendant Company paid KRW 7 million among them.

[Ground for recognition] Defendant Company: The facts that there is no dispute, Gap evidence 1 through 6 (including the number, if any), and the purport of the whole pleadings, as a whole, of confession (Article 150(1) of the Civil Procedure Act)

2. The Plaintiff’s claim against the Defendant Company: (a) provided the Defendant Company with a promise to pay all overdue service costs and food expenses up to February 5, 2016 to the Defendant Company; (b) provided additional parts, and (c) paid the overdue service costs and food expenses of KRW 24,212,00 (i.e., KRW 1,672,00,00 in total - KRW 7 million) other than the existing overdue service costs and food expenses of KRW 1,672,00 in total (i.e., KRW 2,9540,00 in KRW 1,672,00 in total - KRW 7 million in total); (c) provided additional claims for service costs from January 27, 2016 to February 1, 2016; (d) provided that the Defendant Company paid KRW 3 million among them, but did not pay the remainder and food expenses of KRW 26,712,00 in total (i.e., KRW 24, KRW 212,5 million.).

Therefore, the Defendant Company is obligated to pay the remaining service costs and food costs of KRW 26,712,00, and damages for delay calculated at the rate of 6% per annum under the Commercial Act from February 6, 2016 to April 12, 2016, which is the date of the final delivery of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff to determine the claim against the defendant B, who is the owner of the foregoing new house construction work, is the defendant B.

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