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(영문) 광주지방법원 2017.12.15 2017나52237
용역비
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

In the first instance court, the plaintiff sought payment of the price and the price for each promotional store for C, D, and I stores. The court of first instance dismissed all of the claims for the price for each promotional store and D stores, and partly accepted claims for the price for the promotional store and D stores.

On the other hand, only the defendant appealed against the part of the above acceptance of the I Burial, and the plaintiff filed an incidental appeal against the part of the claim for the construction cost for the I Burial during the appellate trial, only 2,000,000 won and the damages for delay.

Therefore, the claim for the price of each promotional product and the claim for the cost of construction was excluded from the scope of the judgment of this court, and only the claim for the price of the promotional product and the part of the claim for the cost of construction are subject to the judgment of this court.

The plaintiff's assertion as to the cause of the claim is that the defendant supplied promotional products equivalent to KRW 31,254,000 to the stores located in Gwangju-gu I (hereinafter "I store") operated by the defendant, and completed the construction work of KRW 80,700,00. The defendant received only KRW 10,340,000 as the price for promotional products, and KRW 75,000 as the price for construction work.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of the sales promotional price and the balance of the construction work, as well as the delayed payment amount of KRW 26,614,00.

The details of promotional items (Evidence A 2) presented by the Defendant, asserting that the Plaintiff supplied promotional items equivalent to KRW 31,254,000, to the Defendant’s assertion, is not objective data, and the above amount is not recognized as it is.

Facts of recognition

The defendant, a company running the Smarket business, operated I stores, and requested the plaintiff to supply the promotional items, such as leaflets and posters, whenever the promotional events are held in I stores.

. The above.

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