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(영문) 서울서부지방법원 2016.04.07 2015나452
사진출력대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff provided the Defendant Company with photo-powerd services from September 1, 2013 to June 5, 2014, and the accrued amount of the service was at least 5,132,530, is not a dispute between the parties, and the Defendant Company is obligated to pay the Plaintiff the above service amount of KRW 5,132,530 and delay damages, barring any special circumstance.

2. The party's assertion and judgment

A. The Defendant Company entered into a contract with the Plaintiff around July 2013 with respect to a photographic phenomenon and human picture (name of product: QS-3704HD PRO; hereinafter “the instant human picture”). According to the terms and conditions of the contract, the Plaintiff paid KRW 2 million to the Defendant Company. Thus, the Defendant Company did not pay any money to the Plaintiff if set off on an equal amount with the service payment claim.

In other words, on April 26, 2010, the Defendant Company purchased 1,48,50,000 won of the supply price of this case from Noghz Co., Ltd. on April 26, 2010 and decided to hold the ownership of the instant fire until the installment was paid in full. The Defendant Company received the instant human fire and used the said installment from around 1 to 50,000,000 won until the said installment was paid in full. The Defendant Company started to pay the said installment from around 200,000 won on behalf of the Plaintiff, Defendant Company, and its representative director, and 30,000 won until the said installment was paid in full. The Defendant Company paid the installment from around 2013 to 30,000 won on behalf of the Plaintiff, Defendant Company, and 306,000 won to C. 1,613 months of the installment payments from July 1, 2013 to 30,3013.

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