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(영문) 창원지방법원 2020.02.06 2019나1439
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the business of installing household appliances with the trade name of “C,” and the Defendant is a corporation with the aim of selling and installing household appliances.

On April 10, 2018, from April 1, 2018 to December 31, 2018, the Plaintiff entered into a contract on the entrustment of business (hereinafter “instant contract”) with the Defendant to carry out delivery and installation of air conditioners, air conditioners, etc. entrusted by the Defendant, and to receive a fee in accordance with the unit price standard prescribed by the Defendant (hereinafter “instant contract”). The agreement on the entrustment of business (hereinafter “instant contract”) was affected.

B. In accordance with the instant entrustment agreement, the Plaintiff: (a) performed work to install air conditioners from April 16, 2018 to May 2, 2018; (b) filed a claim with the Defendant for the service cost calculated in accordance with the above entrustment agreement; (c) KRW 1,39,93 (Additional Tax separately); and (d) KRW 951,890 (Additional Tax separately); and (d) KRW 2,351,883 (Additional Tax separately); and (e) the Defendant paid only KRW 1,351,883 (Additional Tax separately) among them.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remaining service costs under the instant entrustment contract (=2,351,883 won - 1,351,883 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 5, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case (an original copy of the payment order).

B. Determination 1 on the Defendant’s assertion 1) The Plaintiff’s summary of the Defendant’s assertion should deposit KRW 1 million of the defect security deposit by December 2, 2020, when the defect security liability period expires pursuant to Article 10(2) of the instant contract. As such, the Defendant may postpone the payment of KRW 1 million out of the service cost to be paid to the Plaintiff by December 2020.

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