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(영문) 수원고등법원 2020.04.29 2019나17993
용역비
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The reasoning of the court of the first instance’s citing this case is as follows with respect to the date of commencing damages for delay, and the defendant’s assertion of default is as stated in the reasoning of the first instance’s judgment, except for additional determination under paragraph (2).

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the judgment of the court of first instance, paragraphs 5 and 6 below shall be dismissed as follows:

“. On February 9, 2018, the Plaintiff demanded the Defendant to pay the remainder of KRW 240 million up to February 23, 2018 with the content certification. The Defendant did not pay the remainder of the service cost; on March 12, 2018, the Plaintiff demanded on March 19, 2018, the Defendant again sent the content certification to the Defendant to pay the remainder of the service cost up to March 19, 2018 (based on recognition) (see, e.g., Articles 1 through 3, 5, 7 through 10, 15, 17, 17, 22, 1 through 4, 10, 10, and 10,000 (including the number of pages; hereinafter the same shall apply).

Each entry, video, and the purport of the entire pleadings in the judgment of the court of first instance, "The remaining amount of KRW 240 million" to KRW 40,000,00,000 in the second and third classes of the judgment of the court of first instance, shall be as follows.

After the arrival of the due date for the payment of 240 million won and the remainder thereof (the time of the record of this PF), the Plaintiff is obligated to pay damages for delay from March 20, 2018, following the due date for the delayed payment due to the certification of the content of March 12, 2018. The Plaintiff is obligated to pay damages for delay from March 20, 2018.

“E. Therefore, the Defendant, barring any special circumstance, indicated on the record of PF loan, which is the due date for the payment of the remainder of service costs of KRW 240 million and the remainder of the service costs under the instant service contract, and, barring any special circumstance, 5% per annum prescribed by the Civil Act from March 20, 2018 to July 13, 2018, the due date for payment delayed by the Plaintiff with the content certification of March 12, 2018, and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the due date of full payment (the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

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