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(영문) 수원지방법원 2016.11.24 2016나7088
용역대금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Determination on the cause of the claim

(a)The following facts are not disputed between the parties, or are acknowledged as follows: Gap evidence 3-1 to 4, Gap evidence 5, evidence 6-1, 2, Gap evidence 7, 8, 11, 12, 14-21, Gap evidence 23-1 to 7, Eul evidence 1, 3, 5 and 8, Eul evidence 9-1, 3, Eul evidence 10-1 to 12, 13, Eul evidence 14-1 to 3, evidence 14-2, evidence 1 to 2-1, evidence 2-2, evidence 3-1, evidence 2-2, evidence 2-1, evidence 2-4, evidence 2-1, evidence 2-2, evidence 3-2, evidence 2-1 to 2-4, evidence 2-1, evidence 2-2, evidence 2-2, evidence 1 to 3-2, evidence 2-1, evidence 2-2, evidence 1 to 2-2-1, evidence 2-2

1) The Plaintiff is running a motor vehicle repair business, and the Defendant is a construction company, such as waterworks and sewerage construction. 2) The Plaintiff, at the request of the Defendant’s employee, repaired five motor vehicles, including Done Stars, managed by the Defendant, on a total of six occasions from June 17, 2014 to October 14, 2014 (hereinafter collectively referred to as “instant motor vehicles”).

3) The Plaintiff, from the Defendant, KRW 2,964,50 (including value-added tax; hereinafter the same shall apply) in total for the instant vehicles

B) The above facts were not paid. B. The defendant, barring any other special circumstances, is obligated to pay to the plaintiff the repair cost of the vehicle of this case 2,964,500 won and damages for delay thereof. Meanwhile, the plaintiff asserts that the defendant is obligated to pay the plaintiff the repair cost of the vehicle of this case in addition to the repair cost of 2,964,500 won for the vehicle of this case, and therefore, the plaintiff is obligated to pay the plaintiff the repair cost of the new vehicle of this case in addition to the repair cost of 2,964,50 won.

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