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(영문) 대전지방법원 홍성지원 2018.04.03 2017가단7545

대여금

Text

1. The Defendant shall pay 40 million won to the Plaintiff and 15% per annum from September 26, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On June 2016, the Plaintiff entered into a technical service agreement with the Defendant on the “Nice Business Complex Development Project” (hereinafter “instant agreement”) with the Defendant, which was executed by the Defendant. The main contents are as follows.

(‘A’ means the Defendant, “B,” and “B” means the Plaintiff). Contract amount: 125 million won (excluding value-added tax): Contract period: from June 10, 2016 to November 9, 2016, Article 2 (Scope of Services) of the Terms and Conditions of the Technical Service Contract (Scope of Services) (1) The scope and content of the service to be performed by “B” are as set out in the contract paper A and the following table, and if the content of the contract document is unclear, omitted, or conflicting, the Party A shall be notified without delay to “B” and the Party A shall be notified after confirmation.

- The current status survey, permission of development activities, authorization of implementation plan, prior examination of factors influencing disasters, execution of administrative procedures: 10 million won each - the complex design: 50 million won each - the price for the service under Article 4 (Payment of Price): (1) the price for the service under Article 4 (Payment of Price): 30% at the time of commencement of the contract; (2) the price for the service under Article 30% at the time of commencement of the contract (excluding value-added tax); (3) the amount of 40% at the time of receipt of the relevant authorization and permission documents (excluding value-added tax); and (4) the amount of 30% after authorization and permission, 375 million won (excluding value-added tax); and (4) the amount of 30

(1) Article 9 (Liability for Repair of Defects, etc.) (1) Even after delivery of the object of a contract, if there is a request for repair of defects, supplementation, correction, or alteration of the object of a contract, the object of the contract shall be promptly performed at the expense of the B.

(2) If a person is unable to directly implement paragraph (1), he/she shall bear the expenses incurred in the implementation of Section B.

B. The Plaintiff fulfilled all the obligations under the instant contract, and around March 14, 2017, approved the instant contract-related business. However, the Defendant, on August 26, 2016, i.e., KRW 19.8 million (i., value-added tax of KRW 18 million) on the Plaintiff (i.e., value-added tax of KRW 18 million) and KRW 70 million on October 11, 2016).