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(영문) 서울북부지방법원 2019.12.19 2018가단18273

납품대금 미수금

Text

1. The Defendant shall pay to the Plaintiff KRW 99,214,231 and the interest rate of KRW 12% per annum from October 17, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 2015, the Plaintiff, the Defendant, and C entered into a partnership agreement with the Public Procurement Service to jointly operate the business of supplying the clothing (hereinafter “instant partnership agreement”). The Plaintiff agreed to engage in the business of operation and supply, etc.; the Defendant entered into a contract after participating in the tender through D, and the Defendant actually produces and manufactures the clothing to be supplied; and C decided to distribute the profits accrued from the instant partnership agreement to the Plaintiff at 25%; 45%; and 30%; and the profits were calculated by the method of deducting the cost of production from the monthly sales.

B. On May 2017, the Plaintiff, the Defendant, and C participated in a bid to supply H to E, F, and G, which was publicly notified by the Public Procurement Service, and received a successful bid, and supplied H equivalent to the sum of KRW 283,445, and KRW 1.39 billion in total, from June 2017 to June 2018 (hereinafter “instant clothing”).

C. C, while supplying the instant clothing, calculated the quantity, purchase price, supply price, and the amount per sheet per sheet, etc. of the clothing supplied each month, and then written the cost account statement (hereinafter “instant cost account statement”). The Plaintiff and the Defendant confirmed and confirmed the content of the instant cost account statement with C along with C.

According to the cost statement of this case, net profits from the delivery of the instant clothing from June 24, 2017 to July 2017, 2017, as follows: 181,986,049 won for supply as of June 29, 2017; and 51,895,125 won for supply as of June 29, 2017; or

8. Delivery KRW 90,442,058, supply KRW 73,327,976 from September 201 to October 2017, and from January 2018 to January 2018

2. Delivery KRW 116,324,320, up to March 2018

4. Delivery KRW 99,753,632, and May 2018 or

6. A total of KRW 733,547,320 (including value-added tax) including KRW 119,818,160,000 ( KRW 806,902,052).

E. Meanwhile, while requesting the J that operates I to manufacture the instant clothing, the Plaintiff, the Defendant, and C to employ six employees of I as well as four employees.