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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 7,420,00 and the full payment with respect thereto from April 5, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who supplies a seal to work at the construction site, etc. under the trade name of “C”, and the Defendant is a person who performs the interior works under the trade name of “D.”
B. Around July 2015, the Plaintiff was requested by the Defendant to send his/her seal to the interior area of the Seocho-gu Seoul Metropolitan Government Embama Treatment Station (hereinafter “instant construction site”).
C. From July 1, 2015 to July 31, 2015, the Plaintiff sent the seal to the instant construction site as indicated in attached Table 1, as shown in attached Table 1, and the total amount of the service cost is KRW 10,135,00, and the attached attached Form 2 from August 1, 2015 to August 31, 2015, sent the seal to the instant construction site as indicated in attached Table 2, and the total amount of the service cost is KRW 6,90,000.
(The sum of the above service costs of KRW 17,125,00 (hereinafter referred to as “instant service costs”).
From July 10, 2015 to August 5, 2015, the Plaintiff received KRW 9,705,000 out of the service price of this case from the Defendant.
[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remaining service cost of KRW 7,420,00 (=17,125,000 - 9,705,000) and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 5, 2016 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case (an original copy of the payment order).
3. Conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning.
The judgment of the court of first instance is unfair with different conclusions, and thus, it is so decided as per Disposition by cancelling it and ordering the payment of the said money.