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(영문) 서울중앙지방법원 2019.04.05 2018나40265
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 reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following contents are added at the end of 10 (3) of the judgment of the court of first instance. Thus, this is cited by the text of Article 420 of the Civil Procedure Act.

In addition, the defendant asserts that "In addition, the defendant cannot respond to the plaintiff's claim since he fully repaid the service costs of this case that the plaintiff sought. According to the evidence Nos. 1 and 2, the defendant paid the plaintiff 198,00,000 won with interest rate of 18,63,698 won per annum from November 10 to June 26, 2017 and interest rate of 15% per annum from June 26, 2018. However, the defendant asserts that "the above payment is not made at will, but rather by provisional execution, the above payment is made to terminate the attachment due to provisional execution, and the validity of the repayment due to provisional execution is not confirmed, and it is not a final judgment, and the defendant's assertion that the above payment is made at the appellate court's appellate court's judgment and the above provisional execution is not a condition to cancel the provisional execution. Thus, the defendant's determination of the above payment is without merit based on the judgment of the court of first instance 200,000.

2. As such, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance shall be justified on the grounds of its conclusion, and the defendant's appeal shall be dismissed. It is so decided as per Disposition.

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