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(영문) 부산지방법원 2017.10.17 2017가단21974

미수금

Text

1. The Defendant shall pay KRW 37,528,00 to the Plaintiff the annual rate of KRW 15% from June 30, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. (1) On September 2013, 2013, the Plaintiff entered into a contract with the Defendant to conduct environmental survey services for the creation of the project for creating the project for creating the project for the environmental impact assessment of the Jincheon General Industrial Complex with KRW 25,600,000 (excluding value-added tax) and completed the said services. According to the above contract, in relation to the payment of the contract amount, the Defendant is on the basis of the payment rate of the original contractor and the payment is

Contract deposit (20%): 5,120,000 won, when receiving separate documents of value-added tax (20% at the time of applying for approval): 5,120,000 won: 7,680,000 won for separate consultation of value-added tax (30%): when approving a separate industrial complex plan of value-added tax (30%): 7,680,000 won: 7,680,000 won for unpaid value-added tax; and 22,528,000 won for unpaid value-added tax (including value-added tax) as of January 1, 2015.

(Contract Period: From January 1, 2015 to December 31, 2015), according to the above contract, the Defendant’s payment rate of the contract amount is based on the payment rate of the original place of origin and pays KRW 5,000,000 (including value-added tax) every quarter within the extent recognized by the Defendant. 3) At present, the unpaid amount is 15,000,000 (including value-added tax).

C. Meanwhile, the Defendant applied for a payment order claiming the payment of unpaid amount against the original owner due to the Defendant’s failure to receive the payment from the original owner, and each of the above payment orders prior to the filing of the instant lawsuit is final and conclusive.

(Ulsan District Court 2016j972, Yangsan District Court 2017j13). 【No dispute exists as a ground for recognition, entry in the evidence Nos. 4 through 6, and the purport of the whole pleadings.

2. Determination

(a) it is assumed that each of the above periods specified in each of the above contracts provides for an indefinite period;