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(영문) 서울중앙지방법원 2014.09.04 2013가단5190732
사용료
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 2,700,000 with full payment from October 31, 2013.

Reasons

1. Basic facts

A. On October 30, 2012, the Plaintiff and the Defendant agreed to install closed-circuit television (CCTV, 16CHDVR 1) at the Defendant’s main office (Salydong), and the Defendant agreed to pay 900,000 won (excluding value-added tax) as the price therefor.

around that time, the Plaintiff installed closed-circuit television at the Defendant’s head office, and the Defendant paid KRW 850,000, which is a part of the above payment, to the Plaintiff on May 16, 2013.

B. On January 30, 2013, the Plaintiff and the Defendant agreed to install closed-circuit television (CCTV, 16CHD 1, camera 4) at the Defendant’s inner location at the Defendant’s inner location, and the Defendant agreed to pay KRW 3,500,000 (value added tax) as the price therefor.

Around that time, the Plaintiff installed closed-circuit television at the Defendant’s inner branch, and the Defendant paid KRW 1,290,000, which is part of the above payment, to the Plaintiff on May 6, 2013.

[Reasons for Recognition] 1 and 2 1 and 5 1 and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The defendant's assertion that the content of each service application (Evidence A1 and 2) and each written confirmation of completion of installation (Evidence A1 and 2) have been signed and sealed by the defendant, but that the content has been altered.

However, if a private document bears the signature, seal or seal of the principal or his agent, it shall be presumed to have been authentic.

(Article 358 of the Civil Procedure Act). Therefore, there is a burden of proving that the content of a document is altered.

Since there is no evidence to acknowledge the defendant's assertion in this case, the defendant's above assertion is without merit.

B. According to the above facts, the Defendant’s promotion of litigation, etc. is clear as follows: (a) 2,700,000 won [140,000 won (990,000 won - 850,000 won) 2,560,000 won (3,850,000 won - 1,290,000 won) and its payment order in lieu of the delivery of the copy of the complaint, as sought by the Plaintiff, from October 31, 2013 to the day of complete payment.

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