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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
According to the purport of Gap evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the plaintiff entered into a contract with the defendant on March 7, 2011 under which the plaintiff sells goods owned by the defendant (hereinafter "the service contract in this case"). According to the service contract in this case, the contract term is from March 7, 2011 to March 6, 201, and the contract term is automatically extended on a yearly basis unless both parties raise an objection during the contract term. The plaintiff was paid KRW 2.7 million from March 7, 2011 to March 2013 while selling goods owned by the defendant in accordance with the above service contract.
According to the above facts, the defendant is obligated to pay 7.1 million won and damages for delay payable to the plaintiff.
As to this, the Defendant asserts that the instant service contract with the Plaintiff was terminated on June 30, 2012, and that the Defendant concluded an interim management contract with the Home P Co., Ltd. (hereinafter “C”) from July 1, 2012 to the Home P Co., Ltd., and the Plaintiff served as a worker of C, and thus, the Defendant is obliged to pay the unpaid service price to C.
According to the evidence No. 2-1, No. 1, No. 2, and No. 3, the defendant paid the service price to the plaintiff from March 2011 to June 30, 2012, and on the other hand, the defendant paid the service price to the plaintiff from July 7, 2012 to January 15, 2013, with the exception that the defendant paid KRW 1640,00 to the plaintiff on April 15, 2013, it can be recognized that the defendant deposited the service price to the plaintiff in the name of D, who is a person in charge of C or C.
However, from March 7, 2011 to March 2013, the Plaintiff continued to provide the Home Pler B with services selling goods owned by the Defendant in accordance with the instant service agreement, and between them, the Plaintiff and the Defendant.