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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a person who is engaged in coloring and correcting a photograph in the name of “C”, and the Defendant is a person who engages in printing and printing business in the name of “D”.
B. Around October 2014, E, a manufacturer, entrusted the Plaintiff with the production of a duplicous crime, such as elementary, middle, and high schools, from several places in the operation of a photographer, and requested the Plaintiff to do the color correction of the duplicic film, one of the process of production (hereinafter “instant work”).
After that, the Plaintiff completed the instant work from October 2014 to February 2015.
C. After doing so, the Defendant carried out the printing work of the Plaintiff’s photographs which underwent the instant work.
[Ground of recognition] Facts without dispute, Gap evidence 8-1, Eul evidence 1-2, Eul evidence 1-1-11, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the instant work was suspended in the Do because the Plaintiff’s financial condition of E is not sufficient to receive the service payment even after the completion of the instant work.
Around that time, the Defendant, with the consent of E, intended to pay the Plaintiff the service cost for the instant work, and continued to perform the instant work, and the Plaintiff completed all the instant work regarding the 110 elementary, middle, and high schools and six universities’ graduates film.
Therefore, the defendant may be deemed to have taken over a service contract for the instant work between E and the plaintiff or taken over the above service payment obligation against the plaintiff, and the defendant is obligated to pay to the plaintiff the balance of KRW 5,300,000 (=10,100,000 (=101 elementary, middle and high schools x 100,000) for the instant service payment (=6 universities x 200,000) - 6,000 won for the term payment (20,000 won for term payment) and delay damages.
B. First of all, the Defendant’s acceptance of the instant service contract between E and the Plaintiff or acceptance of the aforementioned service payment obligation against the Plaintiff.