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(영문) 부산지방법원 2019.06.12 2018나6331
용역비
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 30, 2017, the Plaintiff and the Defendant entered into a contract with the Plaintiff to produce documentary production works and receive KRW 7,200,000 from the Defendant by June 30, 2017 (hereinafter “instant service contract”); and its main contents are as follows.

[Period of contract] From April 25, 2017 to June 30, 2017

[Contents of Business] (2) Services: The content of the business shall be governed by the content of the business of planning documentary video works attached thereto.

(3) Correction of the service result: The defendant may demand that the plaintiff correct the service result within 14 days after the completion of delivery, and the defendant shall pay the expenses required for such correction to the plaintiff with respect to the inevitable expenses incurred from the second or more correction.

[Service Price] (2) Payment Method: The defendant shall pay 50% of the price to the plaintiff in advance.

Any balance of 50% of the price shall be paid within 14 days after the performance of the service is completed.

Provided, That if the payment is not made due to the defendant's reasons, the defendant shall notify the plaintiff five days prior to the scheduled date of payment.

B. The Plaintiff produced video works (hereinafter “the instant video works”) in accordance with the instant service contract and provided them to the Defendant.

C. The defendant paid 3 million won to the plaintiff and did not pay the remainder 4.2 million won to the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff performed all the duties under the instant service contract, the Defendant is obligated to pay the remaining service cost of KRW 4.2 million to the Plaintiff.

B. The Plaintiff, as set forth in paragraphs (1) through (3), committed incomplete performance or nonperformance of duties under the instant service contract due to the Plaintiff’s fault, or committed an illegal act such as paragraph (3).

Therefore, the instant service contract is null and void.

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