공급대금 등
1. The Defendant: (a) KRW 49,350,000 for the Plaintiff and 5% per annum from October 14, 2015 to February 23, 2017.
The defendant shall pay to the plaintiff 61,60,000 won with 15% interest per annum from the day after the delivery of a copy of the complaint of this case to the day of complete payment.
1. Basic facts
A. The Plaintiff is a sculptures, and the Defendant is a corporation that operates the “C” located in Jeju-do and carries on cultural and artistic business.
B. On July 2014, the Plaintiff entered into a contract with D and D, the Defendant-owned GRC Corporation (including sculpture and painting in and out of a museum using cement) and a contract for the manufacture and supply of three sculptures (E, museum signboards, and twitning) in the above museum (hereinafter “instant contract”).
The construction and production costs of the instant contract constitute KRW 49.9 million in total, E and museum signboards among sculptures, and KRW 19.45 million in total, and KRW 12.25 million in total, and KRW 81.6 million in total. The Plaintiff received advance payment of KRW 20 million in total transferred in the name of Company F on July 11, 2014 and February 21, 2014.
C. After completion of the GRC Corporation, the Plaintiff supplied 2 sculptures, such as E and museum signboards, among 3 sculptures, but did not supply them.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 4 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that the Defendant is entitled to pay the remainder of KRW 60 million, excluding the remainder of KRW 20 million paid as advance payment, out of KRW 80,160,000 for construction and production costs of the instant contract.
In regard to this, the defendant is only the representative of F, a corporation that has entered into a contract for Telecommunications and New F, which is not the defendant's working person or representative. Since the plaintiff entered into a contract with D, which is not the defendant, the defendant is not a party to the contract of this case, and thus the defendant is not liable to pay the price, and some sculptures are not supplied.