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(영문) 창원지방법원 2018.04.03 2017나56954
용역비
Text

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in human resources supply business in the name of “D” at the window C of Changwon-si.

The number of supply personnel on June 26, 2016 shall be 110,000 won; two thousand won; 2.50,000 won and two thousand won and two hundred five hundred thousand won and five hundred five hundred thousand won and five hundred thousand won; 2.6,000 won and one five hundred thousand won and five hundred thousand won and five five hundred thousand won and five hundred thousand won shall be six 1,63,000 and six 1.6,000 won and six 1.6,000 and six 1,7,000 and six 1,63,00 and six 1,000 won and five 1,000 won and five 8,000 won and five 16,000 won and five 1,000 won of the five - six 1,000 won and five 1,000 won of the two - six 1,67,000 won of the two - one hundred and half 1,0167.

B. From June 26, 2015 to August 12, 2016, the Defendant was supplied with human resources as indicated below by the Plaintiff.

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

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant should pay 5,410,000 won to the plaintiff.

B. Furthermore, according to the evidence No. 2 (Work Certificate and Claim No. 2), the Plaintiff and the Defendant may recognize the fact that the payment date for the service cost to be paid to the Plaintiff is not separately determined. The fact that the payment order of this case, which contained the Plaintiff’s expression of intent to seek payment of the service cost, was served to the Defendant on December 21, 2016, is apparent in the record, and thus, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 22, 2016, except in extenuating circumstances.

3. The defendant.

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