(영문) 부산지방법원 2019.03.21 2018나49871

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Reasons

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(영문) 부산지방법원 2019.03.21 2018나49871

기타(금전)

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1. Of the judgment of the court of first instance, KRW 2,881,935, respectively, to the Plaintiff and the Defendants from January 28, 2018 to March 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing, installing, repairing, etc. of elevators, and the network D (hereinafter “the network”) is a person who is engaged in the business of repairing elevators and repairing defects.

B. The Plaintiff has been engaged in transactions from around 2012 to September 2017 by means of paying to the Deceased the amount calculated by deducting the employee’s benefits paid on behalf of the Deceased, and various expenses from the fees for performing the duties, upon receipt of a request for repair of elevators and repair of defects from his/her customer from around 2012 to around 2017.

C. The Deceased died on November 8, 2017, and the Defendants, their children, are the heirs of the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. As a result of the final settlement of the transaction between the Plaintiff’s assertion and the Deceased, it was calculated that the Plaintiff’s employee’s benefits paid on behalf of the Deceased and various expenses were more than the fees to be paid to the Deceased.

In addition, the plaintiff paid 1,800,000 won to the deceased in cash, and had the deceased supply the control team of the E-factory cargo elevator, but it is impossible to use the control team supplied by the deceased, and the plaintiff reconstructed the control team through another company.

Therefore, the Deceased is obligated to pay the Plaintiff KRW 7,563,870 (i.e., excessive payment fee of KRW 5,763,870, the E plant personnel expenses of KRW 1,800,00) and damages for delay. Therefore, the Deceased’s heir’s heir KRW 3,781,935 (i.e., KRW 7,563,870 x inheritance share x 1/2) and damages for delay.

B. As to KRW 5,763,870 of the fee for excessive payment of KRW 1,00,000, the Plaintiff and the Deceased, upon receipt of a request for repair and repair of the elevator from a customer, shall have the Deceased perform the duties and pay the same according to the performance of the duties

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