1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Basic Facts

The plaintiff is an institution entrusted with clinical pathology tests, which is entrusted with clinical pathology tests necessary for the diagnosis of patients by a hospital or clinic, and is a corporation that establishes and operates a C hospital, D hospital, or F department.

Clinical pathology tests are classified into pathology tests and diagnostic tests. It means pathology tests and cell pathology tests for human tissue recovered through surgery, post-examination, climatic agents, etc., and diagnostic tests refer to blood, microorganisms, immunity, gene therapy except pathology tests.

Around May 2011, the Plaintiff entered into an entrustment contract with the Defendant on the part of the clinical pathology (hereinafter “Defendant”). From March 2015 to July 2017, the Plaintiff was entrusted with a diagnosis test, and the Plaintiff was also entrusted with a pathology test in addition to the diagnosis test.

Of the inspection fees based on the inspection fees and the inspection fees entrusted by the Defendant from May 201 to July 2017, the unpaid inspection fees are KRW 587,247,33 in total. Of the unpaid inspection fees, the inspection fees are KRW 217,709,080 in total.

[Ground of recognition] In light of the facts without dispute, Gap 1, 2, 6, 7 evidence (including each number, hereinafter the same shall apply) and the basic facts as seen earlier, prior to the determination of the grounds for the claim as a whole of the pleadings, the defendant is obligated to pay the plaintiff the unpaid inspection fees of KRW 587,247,33 and damages for delay, unless there are special circumstances.

On the other hand, the plaintiff claims damages for delay from the day after the duplicate of the complaint in this case is served, taking into account the whole purport of the arguments in the statement No. 5, the plaintiff and the defendant shall determine that the deadline for the settlement of inspection fees for clinical pathology tests for the pertinent month after six months from the end of the pertinent month in which the plaintiff conducted clinical pathology tests.