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(영문) 부산고등법원 2017.06.22 2016나2994
용역비
Text

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

Reasons

1. The reasons for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the cases where the plaintiff and the defendant added or emphasized the arguments added to or emphasized by this court. Thus, they are cited as they are by the text of Article 4

2. Additional determination

A. The Plaintiff’s assertion 1) The Plaintiff concluded a business promotion service contract (hereinafter “instant service contract”) with the Defendant calculated KRW 5 million per household between the Defendant and the Defendant.

At the time of the termination of the instant service contract by the Defendant, the Plaintiff had already completed the Defendant’s business of authorization, permission, advertisement, etc. and completed sales, and the Plaintiff fully performed the business under the instant service contract.

Therefore, the defendant is liable to pay the full amount of the service price to the plaintiff.

B) Even if the provision of Article 5 of the Service Contract between the Plaintiff and the Defendant on January 5, 2012 does not simply stipulate the service cost payment period, but rather, the Plaintiff performed the Defendant’s service agency business until around July 19, 2014 under the proviso of Article 686(2) of the Civil Act. Therefore, the Defendant is obliged to pay the Defendant’s service cost of KRW 831,042,533 [the Defendant’s service cost of April 6, 2013, from April 6, 2013 to April 5, 2016, which is the date of termination of the instant service contract, from April 1, 2016, which is the date of termination of the instant service contract, to July 19, 2014 (i.e., the service cost of KRW 1,958,000,000 x 469 days ± 105 days)];

(B) As set forth below, the Plaintiff embezzled the Defendant’s funds worth KRW 3.5 billion to KRW 4 billion. As the user of the Deceased, the Plaintiff is liable for compensating the Defendant for the damages caused by the embezzlement of the Deceased. (B) If the representative director of a corporation causes damages to another person in connection with his duties, the corporation is jointly and severally liable with the representative director.

The Deceased.

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