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(영문) 서울중앙지방법원 2020.06.04 2019가단38633
용역비 청구의 소
Text

1. The defendant shall pay 106,69,207 won to the plaintiff and 12% per annum from September 6, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the evidence No. 4-1, No. 6, and No. 7 of the judgment as to the loan claim, the Plaintiff loaned KRW 67,50,00 to the Defendant on April 15, 2011, and the notary public prepared a notarial deed of monetary loan loan contract No. 244 of C2013 with respect to the above loan claim, the Plaintiff can be recognized as having received dividends of KRW 51,790,793 in the Seoul Central District Court D distribution procedure with the issuance of a seizure and collection order based on the notarial deed of monetary loan loan contract, and the Plaintiff calculated the claim amount on the premise that the above dividend was appropriated for the repayment of the loan claim in the complaint of this case, the purport of the claim of this case, and the application for alteration of the cause thereof is valid as payment of the designated appropriation of debt under Article 476(2) of the Civil Act, and thus, the Plaintiff’s loan claim remains at KRW 15,859,207,000,5093).

Therefore, the defendant is obligated to pay the loan 15,859,207 won and damages for delay to the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-1 through 18, and evidence No. 2-1, the plaintiff is obligated to pay the plaintiff the service price of KRW 125,840,00 and the delay damages therefrom, since it is acknowledged that the plaintiff produced and supplied the building sculptures, etc. to the defendant from Oct. 1, 2013 to Nov. 2, 2016, and the total service price of KRW 125,840,00 as shown below was 125,840.

On March 10, 2014, the total amount of KRW 3,800,00,000 for Jeju E-3,80,000,380,000 4,180,000 on March 3, 2015, F 16,80,800,680,480,000 18,480,000 on April 5, 2015, Ulsan-do G hotel G 8,500,000, 850,350,000 9,350,000 for KRW 28,70,000,200,000 for KRW 030,000,00 for KRW 030,360,000,000 for approximately 28,70,000,280,50,070,0000, 630,630,630-6,010

C. 35,000,000 won is paid by the Plaintiff for repayment of debt from the Defendant.

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