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(영문) 서울남부지방법원 2015.12.17 2015나3339
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. The Plaintiff was commissioned from March 2, 2014 to March 31, 2014 by the Defendant who conducts the clothing manufacturing business and delivered the clothes after completing the work.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination as to the cause of claim

A. (1) The Plaintiff is obligated to pay to the Plaintiff the remainder amount of KRW 1,427,250 (12,427,250-11,00,000) of the service payment under subparagraph 1, since there is no dispute between the parties, or the fact that the Defendant received KRW 11,00,000 from the Defendant is recognized by the entire purport of the statement and pleadings, the Defendant is obligated to pay to the Plaintiff the remainder amount of KRW 1,427,250 (12,427,250-11,00,000) of the service payment under this part, which is the remainder amount of KRW 1,427,250 (12,427,250).

(2) The Defendant asserted that the amount should be deducted from the service price in this part, on the ground that the payment period was delayed and the salary grade defect was caused by the above original company. However, although the statement of the evidence Nos. 4 alone, there was an agreement on the payment period, but delayed due to the Plaintiff’s cause attributable to the Plaintiff.

or due to the defect of stalves, the Plaintiff was in the process of the Plaintiff’s stalves production.

The defendant's above assertion is not acceptable, since it is not sufficient to recognize that the above maximum amount was calculated based on the plaintiff's unit price of service, and there is no other evidence to acknowledge it.

B. C related work costs (1) Upon request of the Defendant for delivery from C, the Plaintiff paid two items to the Plaintiff, which the Defendant requested for the processing of the goods, to the Plaintiff, and completed the work at the outside company, after finishing the work at the outside company. The amount is KRW 7,015,250, and the Defendant paid the amount exceeding KRW 657,250 by remitting KRW 7,672,50 to the Defendant. However, the above amount is the service.

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