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(영문) 부산지방법원 2019.12.18 2019나56203
용역비
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the revoked part.

Reasons

1. Basic facts (1) The Plaintiff is a company running cleaning service business, and C is a company running indoor construction work and indoor decoration business, and the Defendant was an executive officer of C.

② Around November 2017, the Plaintiff received a contract from C to clean up the D hotel with KRW 55 million (including value-added tax) and completed the cleaning work by January 21, 2018, and C paid KRW 22 million out of the service price on February 12, 2018.

③ On July 31, 2018, the Plaintiff entered into a settlement agreement with C (hereinafter “instant settlement agreement”).

The field name of the settlement agreement: The completion cleaning of the construction type of the interior works from among the D hotel new construction works: The construction period: (a) the name of the enterprise from October 15, 2017 to July 31, 2018: (b) the amount of the initial contract amount of the D.A. to KRW 38,500,000 (including V.A.T) the total amount of KRW 38,500,000 (including V.T) the total amount of KRW 38,500,000 (including V.T) the total amount of KRW 38,50,000,000 for the changed amount of the D.T, for the settlement of the above construction, no civil or criminal objection is raised under any pretext, such as changes of future circumstances, and the materials cost for the construction and all other responsibilities arising from the construction progress will be assumed to be in A.

I will proceed with the repair of defects without delay for three years from the date of completion when the defects of the relevant construction type occur after the vehicle.

On July 31, 2018, C paid the remainder of KRW 16.5 million after deducting KRW 22 million paid to the Plaintiff according to the instant settlement agreement on September 4, 2018.

【Grounds for Recognition: Evidence Nos. 1, 3, 4, Evidence No. 1, 2, 3, and evidence No. 1, 2, and 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendant, on behalf of C, has comprehensively managed the field, such as the payment of the service contract and the supervision of service, on behalf of C, shall be the plaintiff as to the remaining money, 15 million won out of the remaining money, excluding 35 million won, which was settled under the instant settlement agreement, at the service price of KRW 50 million (excluding value added tax).

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