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(영문) 대전지방법원공주지원 2017.08.09 2016가합20172

이행지체금

Text

1. The Defendant’s KRW 434,132,960 as well as the Plaintiff’s annual rate from June 1, 2017 to August 9, 2017, and the following.

Reasons

1. Facts of recognition;

A. On March 30, 2015, the Plaintiff entered into a contract with the Defendant under which the Defendant entered into the instant contract with the Chounwon and the Automatic Packing System (hereinafter referred to as “instant contract”), and paid the Defendant totaling KRW 64,80,000 on August 4, 2015, KRW 147,400,000 on May 27, 2015, and KRW 232,000,000 on August 10, 2015, and KRW 64,80,000,000 on August 31, 2015, and KRW 13,000,000 on November 20, 2015, KRW 300,000 on November 23, 2015, KRW 300,000,000 on November 36, 206,006,006

(1) The Plaintiff asserted that the Plaintiff entered into a separate supply contract with C, an employee of the Defendant regardless of the instant construction project, and paid money to C as of November 20, 2015. However, in light of the fact that the said money was transferred to the account under the name of the Defendant, there is no reflective document. Article 1 of the name of the construction project: Construction period under Article 3 of the Act on the Construction of Construction Works for Choun-Automatic and Inter-Korean Partnership D Factory (hereinafter “Plaintiff’s factory”): The contract amount under Article 4 of the date of the contract: 180,000,000 won (Won 670,000,000): (TT 50,000,000,000 won (Won Do) for the remaining 30,000,000,000,000 won (Won 268,000,000,000 won) or 16,000,000,000 won (Won 3,006.).

Article 17 (1) Termination of Contracts: When falling under any of the following subparagraphs, the contract shall be terminated:

2. When the defendant is unable to perform this contract due to bankruptcy, bankruptcy, compulsory execution, etc.;

3. Where the purpose of the contract is impossible to be achieved due to causes attributable to the defendant;

5. In the case of the preceding 1-3, the Plaintiff may exercise the right to unilaterally terminate the contract, and the civil, penal, and so forth.