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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. Facts of recognition;
A. On June 10, 2009, the Defendant entered into a contract for the maintenance and repair of the apartment premises and equipment of the Public Notice Agency (hereinafter “instant maintenance and repair contract”) and (2) the construction period from Jun. 20, 209 to Dec. 30, 2009, under each of the following terms: ① the contract period from Jul. 1, 2009 to Jun. 30, 2014; and ② the contract for the maintenance and repair of the apartment premises and equipment of the Public Notice Agency (hereinafter “instant maintenance and repair contract”) with the original equipment of the Public Notice Agency (hereinafter “the integrated construction contract”) as the cost for the maintenance and repair of the premises and equipment of the Public Notice Agency (excluding value-added tax); and
B. On the other hand, on the ground that the Plaintiff did not receive KRW 64,796,50, out of the amount of KRW 87,796,50, which occurred due to the continuous transactional relationship with the Plaintiff Company, the Plaintiff filed a lawsuit for the claim for the payment of the goods against the Suwon District Court’s Sung-nam Branch 2012Ga6966, Feb. 23, 2012. The said court rendered a judgment on May 4, 2012 that “the Plaintiff shall pay to the Plaintiff the amount of KRW 64,796,500 and the amount of KRW 20% per annum from March 7, 2012 to the date of full payment,” and the said judgment became final and conclusive on May 24, 2012.
C. The above A.
(1) On February 29, 2012, the original tower Co., Ltd. (1) entered into a contract with the Defendant on February 29, 2012, as the Busan District Court 2012Gahap3725, the maintenance and repair contract of this case (the above A).
17,532,00 won (i.e., cost of maintenance and repair 33,580,800 won (i.e., cost of maintenance and repair 33,580,800 won) and damages for delay.
On July 7, 2014, the Defendant, on the above case, has to the original tower.