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(영문) 광주지방법원 2018.07.06 2017나62692
용역비
Text

1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be exceeded:

Reasons

1. Basic facts

A. The Plaintiff is a person running a laundry business from July 1, 2012 to C, and the Defendant is also a company that is entrusted with accommodation facilities, such as accommodation of the F Center (hereinafter “Center”) while operating a hotel in Gwangju-gu D (hereinafter “ hotel”).

B. Around January 2013, the Plaintiff and the Defendant concluded a laundry service contract stipulating that “the Plaintiff shall collect the laundry generated at a hotel and deliver the laundry goods to the Defendant” (hereinafter “the laundry contract”), and separately, concluded the laundry service contract stipulating that “the Plaintiff shall collect the laundry produced at the center and deliver the goods laundry to the Defendant” (hereinafter “the center laundry contract”).

C. According to the above hotel and center laundry contract, the Plaintiff collected laundry from the Defendant every day except for the laundry day, which is a day off for C, and supplied it to the Defendant. On October 28, 2015, the Plaintiff was in a situation where large-scale fire occurred in the laundry factory operated by the Plaintiff (hereinafter “fire accident”) and thus, the contract for hotel and center laundry between the Plaintiff and the Defendant was terminated.

[Ground of recognition] A without dispute, entry of Gap evidence 6, purport of whole pleadings

2. Judgment on the counterclaim

A. The Defendant’s assertion 1 as to the claim for damages due to the hotel washing room was that the Plaintiff collected the hotel washing room from around 15:00 on the next 15:00 square meters and supplied the Defendant with the goods washing down at around 15:00 on the following day.

However, as of October 27, 2015, Tuesday as of October 27, 2015 is the holidays of C operated by the Plaintiff, collecting one-lane hotel washing prior to the demand date, collecting a two-lane hotel washing at around 15:00, and then delivering the goods laund at around 15:00 following the following day to the Defendant.

On October 28, 2015, the plaintiff was suffering from a fire that occurred at the plaintiff laundry factory on October 28, 2015, and on October 28, 2015.

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