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(영문) 서울고등법원 2020.04.21 2019나2029110
유지보수대금
Text

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

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: “Defendant Company 2” at the second bottom of the judgment of the court of first instance; “Defendant Company 2” at “Defendant Company 3; “Plaintiff 9” at the same time at the 12th bottom of the judgment; “I do not accept the Defendants’ above assertion; 13th 4).” The following is added to the assertion emphasized or added by the Defendants at this court; 200 main text of Article 420 of the Civil Procedure Act; 3.12, 13, 5 No. 2088; 360, 481, 289, 289, 37, 486, 196, 196, 208, 360, 47, 196, 197, 289, 360, 196, 197, 486, 197, 196, 2018.

Ultimately, the defendants' defense of repayment is justified within the scope of the above recognition.

2. Additional determination

A. As to the assertion that the validity of the instant collaborative contract has ceased, the instant collaborative contract is concluded as the concept of the relevant basic contract on the premise that the Plaintiff and the Defendant Company are continuously and continuously engaged in a mutual relationship between them.

Therefore, the collaborative company contract of this case continues to be effective as long as there exists a transaction relationship between the plaintiff and the defendant company scheduled in accordance with Article 12, and individual transaction continues to exist continuously.

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