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(영문) 부산지방법원 2017.01.17 2016가단341954

약정금

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1. The Defendant: (a) KRW 22,890,000 for the Plaintiff and 5% per annum from September 14, 2016 to January 17, 2017.

Reasons

1. Basic facts

A. On January 2, 2016, the Defendant, with the Plaintiff’s business records, agreed to pay to the Plaintiff the remainder of KRW 14,889,00,00,000, deducting the purchase cost of the AV equipment of the film room from KRW 632,00,000,000 for the 6320,000,000 for the bid price when the Defendant was awarded a successful bid for the installation of AV in the video room, other than the CV room of the Cuniversity Foundation (hereinafter “instant construction”). The Defendant, with the Plaintiff’s business records, agreed to pay the Plaintiff the remainder of KRW 48,31,00,000,00 for the purchase cost of the AV equipment of the film room and KRW 20,000 for the installation cost of the lecture room

(hereinafter “instant agreement”). (b)

On February 5, 2016, the Defendant awarded the instant construction contract and concluded the construction contract with B University, setting the construction cost of KRW 576 million, and completed the said construction work after concluding the construction contract.

C. The Defendant paid to the Plaintiff KRW 70 million in total, including KRW 22 million around March 10, 2016, and KRW 48 million around May 20, 2016.

[Reasons for Recognition] Evidence No. 1, Evidence No. 4, and the purport of the whole pleadings

2. The Plaintiff’s efforts to assert that the Defendant received a successful bid of KRW 632 million for the instant construction work, the Defendant paid KRW 14,8890,000,000,000 except for KRW 48,3110,000,000 from the Defendant, but the Defendant agreed to receive KRW 11,289,000,000,000,000,000 for the instant construction work, based on the successful bid of KRW 576,000,000,000,000,

Since the Defendant paid only KRW 70 million upon completion of the instant construction and payment of the full construction cost from B University, and did not pay the remainder of KRW 42890,000,000, the Defendant is obligated to pay the Plaintiff KRW 42890,000 and delay damages.

3. In light of the fact that the Defendant paid KRW 70 million to the Plaintiff with respect to the instant construction project, etc., the Defendant appears to have affected the Plaintiff’s business ability to receive the successful bid of the instant construction project, but the Defendant’s testimony is alone the statement of No. 2, and the witness C’s testimony.