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(영문) 서울중앙지방법원 2018.02.07 2017가단49059

물품대금

Text

1. The Defendant’s KRW 16,150,00 for the Plaintiff and 5% per annum from May 3, 2017 to February 7, 2018.

Reasons

1. The assertion and judgment

A. The Plaintiff asserts that: (a) on September 30, 2016 and November 1, 2016, the Plaintiff sought payment of KRW 5,1150,000,00 for the production of a banner offered to the Defendant.

In regard to this, the Defendant asserted that the number of placards, etc. produced and posted by the Plaintiff does not reach KRW 50,1150,000, and that the administrative fine of KRW 4,029,00 (including additional taxes) should be deducted, which is to be borne by the Plaintiff according to the agreement at the time. On October 11, 2017, the National Tax Service’s notice of seizure was given to the above claim, and thus, the Plaintiff cannot respond to the Plaintiff’s request.

B. 1) Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the defendant was provided with the production and display services of banner and satise two times on September 30, 2016 and November 1, 2016 from the plaintiff, with a price of KRW 5,150,000,000, when the plaintiff was subject to an administrative fine due to the violation of the Outdoor Advertisement Control Act from the competent authority during the posting process of the banner, the defendant agreed to deduct the amount equivalent to the administrative fine if the plaintiff was subject to an administrative fine due to the violation of the Outdoor Advertisement Control Act; 3, the head of Bupyeong-gu Incheon Metropolitan City issued a notice to the defendant on October 24, 2016 and on November 3, 2016 that the additional fine is to be imposed KRW 35,500,000,0000,0000,000,000,000.