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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
The reasoning of the judgment of this court which cited the judgment of the first instance is based on the ground of the judgment of the second instance.
The following modifications are made as follows: (a) the determination of the cause for the claim shall be made:
Along with the addition of "decision on the defense of extinctive prescription", it is identical to the reasoning of the judgment of the first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure
【Revised Part】
B. The Plaintiff and the Defendant agreed to pay the remainder of KRW 35 million to the Plaintiff when the Plaintiff submitted 50 copies of the final report by December 31, 2008 and requested the payment of the remainder. The Plaintiff and the Defendant extended the deadline for submission of the final report by March 31, 2009 are as seen earlier.
We examine whether the plaintiff submitted 50 copies of the final report to the defendant by the deadline that the plaintiff promised.
If Gap evidence Nos. 6 through 12, Eul evidence Nos. 15, 16, and 19 (including numbers), and the purport of the whole pleadings is added to the results of the inquiry by the Ministry of Land, Infrastructure and Transport of the first instance court, the following facts are recognized:
On March 26, 2009, the Plaintiff approved the printing of the “B Research” report (hereinafter “Research”). On March 26, 2009, C of the Research Institute affiliated with the Plaintiff applied for the budget for printing 60 copies of the instant research report on March 26, 2009, and on March 27, 2009, issued an order for reproduction and reproduction of 60 copies of the instant research report to the Grand Cultural Institute Co., Ltd.
On March 30, 2009, Daedae Culture Co., Ltd. supplied 60 copies of the final report of this case to the Plaintiff, and upon C’s application of the above budget, the Plaintiff remitted total of KRW 660,000 won to the Grand Culture Co., Ltd.
On April 7, 2009, July 8, 201, 201, February 29, 2012, and June 1, 2012, the Plaintiff requested the Defendant to pay the remainder of KRW 35 million under the instant service contract, and in particular, on July 8, 201, the Plaintiff raised objection.