2017 Ghana 89809 Services Costs

A

B A.

December 21, 2017

January 11, 2018

1. The defendant shall pay to the plaintiff 58,596,400 won with 6% interest per annum from September 22, 2017 to January 11, 2018, and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 30% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 93,88,400 won with 15% interest per annum from the day following the delivery of the complaint to the day of full payment.

1. Determination as to the cause of claim

The Plaintiff was requested by the Defendant to supply human resources related to model hybrid internal events, and supplied human resources from June 2, 2017 to August 9, 2017, and the agreed amount of services in relation thereto is KRW 103,84,400.

On August 22, 2017, the Defendant prepared a payment certificate to the Plaintiff to pay the remaining amount of KRW 93,88,400 to the Plaintiff jointly and severally with the Association C District Housing Association (D Chairperson of the Promotion Committee), D, and E.

With respect to a service contract with the Defendant, the Plaintiff received a total of KRW 45,248,00 from the C Regional Housing Association three times.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

According to the facts found above, the defendant is obligated to pay to the plaintiff the service payment of KRW 58,596,400 (i.e., service payment of KRW 103,844,400 - the payment of KRW 45,248,00) and damages for delay calculated at the rate of 6% per annum from September 22, 2017 (the day following the service day of the complaint filed by the plaintiff as of September 22, 2017) to January 11, 2018 (the day this decision is rendered) and 15% per annum from the next day to the day of full payment (the day of this decision).

2. Judgment on the defendant's assertion

On September 25, 2017, the Defendant asserted to the effect that, upon cancelling a contract with C Regional Housing Association on September 25, 2017, the said housing association was responsible for the Plaintiff, and that the Defendant was no longer liable for the Plaintiff.

However, the agreement between the defendant and C District Housing Association is effective only between the parties, and the plaintiff has participated in the agreement or exempted the defendant from the defendant's obligation.

Unless there is any assertion or proof as to the circumstances of the defendant, the defendant cannot be exempted from the obligation of the plaintiff. Therefore, the defendant's argument is without merit.

Judges Lee Dong-hee