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(영문) 서울고등법원 2016.05.12 2015나2057872
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the application of Article 3-A among the grounds of the judgment of the court of first instance as follows. Thus, this case is cited pursuant to

【A. The instant service contract was terminated on March 9, 2015, pursuant to Article 8(2)1(b) of the instant service contract, when the Defendant’s assertion C was subject to a disposition of business suspension twice, and the Defendant failed to smoothly implement the contract with the Defendant. As such, the Defendant voluntarily closed the instant service contract, and the Defendant terminated the instant service contract pursuant to Article 8(2)1(b) of the instant service contract.

In the event that the instant service contract is terminated due to a cause attributable to C under Article 8(2)3 of the instant service contract, the Defendant does not have the obligation to pay the service cost already incurred, and thus, the service cost should be determined according to the content of the service performed by C until that time.

However, the service cost is determined as property.

Even if the defendant paid the completion money corresponding to the part performed by C, the defendant has already paid the completion money.

Therefore, the plaintiff's claim is improper.

In addition, since C did not actually perform the instant service contract from the second half of 2012, the Defendant has no obligation to pay the fourth intermediate payment in this respect.

2. Article 8(1) of the instant service contract provides that the Defendant and C may not unilaterally terminate the contract without justifiable grounds prescribed by the contract, and Article 8(2)1 (b) of the instant service contract provides that the Defendant may terminate the contract when it is impossible to achieve the purpose of the contract in violation of the contract terms and conditions, and that the Defendant terminates the contract for reasons other than the above cases under Article 8(2)3.

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