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(영문) 서울남부지방법원 2015.08.26 2015가단1592
용역비
Text

1. The Defendant shall pay 59,297,000 won to the Plaintiff and 20% per annum from January 22, 2015 to the day of complete payment.

Reasons

1. Determination

A. On February 27, 2014, the Plaintiff received total of KRW 66,495,000 from the Defendant to May 30, 2014 for services, such as management of a server, maintenance, repair, and development of the website, and agreed to receive KRW 7,370,000 as the service price following the management of the Defendant’s server on January 30, 2014 and February 1, 2014; thereafter, the Plaintiff additionally incurred KRW 832,00 from the Defendant’s server on March 1, 2014 to the 7th of the same month; the Plaintiff did not have any dispute over the production of the Defendant’s website from January 31, 2014 to the Defendant, or the Plaintiff did not have any dispute over the entire amount of KRW 15,40,00 (including the value-added tax).

B. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 29,480,00 for the server management cost from 66,495,00 to March 7, 2014 (i.e., KRW 29,480,00 for service cost, KRW 1,320,00 for the cost of developing the website, and KRW 35,695,00 for the Plaintiff to obtain payment after deducting the amount already received from the Plaintiff under the pretext of part of the cost of managing the server among the cost of developing the website (= KRW 66,495,00 for - KRW 1,320,00 for - KRW 29,480 for - KRW 1,320,00 for 20 for the following day) from January 20, 2014 to March 7, 2014 (i.e., KRW 7,370,000 for production cost, KRW 15,400,509,2000 for the Plaintiff

C. The defendant alleged that the plaintiff cannot respond to the plaintiff's claim because rehabilitation procedures commence and continue with respect to the defendant's property. However, there is no evidence to acknowledge this.

However, after the plaintiff's argument is closed.

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