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(영문) 서울고등법원 2020.07.16 2019나2048975

약정금

Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 391,050.

Reasons

1. Basic facts

A. 1) The Intervenor joining the Defendant (hereinafter “M”) was changed from June 24, 2014 to the current trade name, and is deemed as the Intervenor joining the Defendant (hereinafter “Defendant”)

(2) On December 29, 201, the Organizing Committee of Gwangju-si and D Organizing Committee of the Republic of Korea (hereinafter referred to as “Organizing Committee”) shall be:

D event (hereinafter referred to as “instant event”) between the Corporation and the Corporation

(E) The Plaintiff’s representative director entered into an agency contract, and the Plaintiff’s E Co., Ltd. (hereinafter “E”).

A) Around January 2012, 2012, the Plaintiff was awarded a subcontract for the entire service as a package by M. (2) The Plaintiff, a corporation engaged in exhibition and event agency business, received a subcontract from E for most services, such as the installation and operation of a set among the instant event services, the installation and operation of a performance hall, the supply of performance programs, and the management of human resources inside the F performance hall. The Defendant, a corporation that engages in the installation and sale of lighting equipment and sound equipment, was performing the F performance hall system installation works (hereinafter “instant construction works”).

B. 1) The instant service contract was concluded between E and M on April 26, 2012, with the term of contract from May 1, 2012 to August 14, 2012, and the term “G contract” (including value-added tax) was determined as KRW 1,381,050,00 (hereinafter “instant service contract”) between E and M on April 26, 2012.

C. M’s payment of the service cost to the Defendant 1) The Defendant did not pay part of the service cost even after the Defendant completed the instant installation work within the agreed time limit, the Defendant filed a lawsuit against M on January 15, 2013 with the Jung-gu District Court for Goyang Branch (2013Gahap485), and on December 13, 2013, M filed a lawsuit against M on the claim for service cost payment to the Defendant.