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(영문) 인천지방법원 2017.08.29 2016나53831

약정금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the head of C’s business team, and the Defendant is a company engaged in the business of manufacturing general-use electric lighting equipment, and the Plaintiff was aware of D, the Defendant’s representative director, from around 2008.

B. On February 20, 2014, the Korean Development Co., Ltd. (hereinafter “Korea Development”) published a public announcement of tender (hereinafter “instant public announcement of tender”) including the following details, etc.

1. The description of the publication number, size, and quantity delivery place of the tender submitted, and the non-performance place of E Ma3, and the non-performance period of the goods, and the difference between the F-designated place and the F-designated place is 9,545,00 won separate from VAT for 20 days after the purchase contract for the CAR 215EA;

9. Date of commencement and completion of a contract: A contract shall be concluded on the tenth day from the day following the award of the contract (including holidays, and if the scheduled date of conclusion of the contract is a holiday, on the following day) and shall be delivered within the said payment period.

C. 1) After G was awarded a successful bid from the development of South-Namdong (hereinafter “instant contract”) with the Defendant, the amount of KRW 86,500,000 (Additional Tax) shall be set as the subcontract agreement (hereinafter “instant contract”).

2) Pursuant to the instant contract, G issued to the Defendant a written order stating “the name of the goods: Digital T-S OCE-III, AC10-220 V, the applicable volume, and the amount of the medium circuit (ACE-MEC)”: 215EA, the amount: 86,50,000 won (Additional Tax).”

The reference column of the above order refers to “payment period: March 7, 2014; settlement means: Cash settlement and delivery place: Place for the designation of the head office.”

3. The defendant supplied the goods of this case from H and supplied them to H: The defendant supplied the goods of this case to H: The defendant, the goods of this case: 215, the unit price: 29,500, the unit price: 6,342,500, the total amount: 6,976,750, the total amount: 6,34,250, the electronic tax invoice as of March 6, 2014, stating "6,976,750, the total amount of KRW 6,342,50, and KRW 634,250."