(영문) 서울북부지방법원 2019.06.19 2018나3296

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자간(%)

(영문) 서울북부지방법원 2019.06.19 2018나3296

용역대금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. In around the end of 2017, the Plaintiff and the Defendant entered into a design service contract for the interior store (hereinafter “instant design contract”) with Aice C (including value-added tax) with the service cost of KRW 3.3 million (including value-added tax).

B. On January 23, 2018, the Plaintiff performed design services under the instant design agreement and delivered the result to the Defendant.

[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Although the Plaintiff asserted that the design service under the design contract of this case was performed by the Plaintiff, the Defendant did not pay the service cost. Therefore, the Defendant should pay the Plaintiff the total of KRW 5 million, including KRW 3.7 million, which is the service cost that the first Plaintiff presented to the Defendant, KRW 3.7 million, and KRW 1.3 million, such as the consolation money due to attempted stress and uneasiness, and the cost of time for carrying out the lawsuit.

3. Determination

A. As to the claim for service payment under the design contract of this case, pursuant to Article 1-A (1) of the above, the service payment under the design contract of this case is recognized as the ground for 3.3 million won. Thus, the defendant is liable to pay 3.3 million won and damages for delay to the plaintiff. 2) The plaintiff's claim for service payment exceeding the above 3.3 million won and damages for delay is rejected.

B. As a matter of course, in a case where property damage occurs due to non-performance of contractual obligation, the mental suffering that the contracting party received shall be deemed to have been recovered by compensating for property damage. Thus, there are special circumstances that the compensation for property damage has sustained irrecoverable mental suffering, and only if the other party knew or could have known of such circumstance, the consolation money for mental suffering may be recognized.

유사 판례

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