손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 100,94,903 and the interest rate of KRW 15% per annum from April 20, 2016 to the date of full payment.
1. The following facts may be admitted, either as a matter of dispute between the parties, or as a whole, by taking account of the descriptions of Gap evidence 1 to 27, Eul evidence 1 to 4 (including a serial number; hereinafter the same shall apply) and the whole purport of the arguments as a result of the examination of the plaintiff representative.
On November 20, 2008, the Defendant determined the total contract amount as KRW 2,247,929,160 (including value-added tax) between the Foundation and the Incheon International Urban Festival (hereinafter referred to as the “SOE”) which is a foundation, and "the service contract is less than the service contract for the agency for the cultural events of the main performance hall in the Incheon International Urban Festival (hereinafter referred to as the “SOE”)".
AB concluded the agreement.
The amount of the above contract was calculated by adding the amount equivalent to 3% of the cost, which is expected to be required, to the general management expenses, and the amount equivalent to 10%, to the agency fees, and the amount has been increased to 4,010,560,470 won through the three changes contract thereafter.
B. Nonparty A is the Defendant’s B, who was in charge of the instant service contract, and Nonparty C is the Defendant’s D, who was in charge of the practice of the instant service contract.
C. On March 27, 2009, the non-party foundation paid to the Plaintiff KRW 752,400,000 as advance payment, KRW 288,077,430 as progress payment on June 22, 2009, KRW 1,218,197,320 as progress payment on August 17, 2009, KRW 934,022,560 as progress payment on September 30, 2009, respectively, and the non-party foundation demanded delivery of KRW 934,02,560 as evidence, such as the tax invoice, for the last settlement around October 209.
Accordingly, A and C have forged or falsified tax invoices, etc. in the name of 23 cooperation companies, including the non-party corporation, and submitted them to the non-party foundation on December 18, 2009 as documentary evidence. Of them, the cost calculated as the cost that the plaintiff actually paid to the above company is KRW 458,027,000.
E. On January 13, 2010, the non-party foundation includes the above KRW 458,027,00 on the pretext of completion money, in total 811.