beta
(영문) 서울북부지방법원 2020.10.20 2020가단116286

약정금

Text

The defendant shall pay 62,210,000 won to the plaintiff and 12% per annum from March 25, 2020 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the entries in Gap evidence Nos. 1 to 5.

The plaintiff operates the furniture installation business in the trade name of C, and the defendant is a company established for the purpose of manufacturing, distributing, and selling the main household, and manufacturing, distributing, selling, etc. of office households.

B. On May 2019, the Defendant received a contract for the installation of “E” officetels built by D Co., Ltd., and subcontracted the said construction to the Plaintiff.

C. In addition, around July 2019, the Defendant received a contract for the installation of household officetels works performed by F Co., Ltd., and subcontracted the said construction to the Plaintiff.

The Plaintiff completed each construction set forth in paragraphs (b) and (c) above, and the Plaintiff and the Defendant settled the construction cost of household installation works set forth in paragraphs (b) and (c) above as KRW 266,130,000 (excluding value added tax) and KRW 74,080,000 (excluding value added tax).

E. By October 16, 2019, the Defendant paid KRW 255,00,000 to the Plaintiff with respect to each of the above construction costs, and on the same day, the Plaintiff appears to have paid KRW 374,231,000 (including value-added tax) plus KRW 255,00,000, the remainder of KRW 119,231,000, which remains after deducting the above payment amount from the total amount of each of the construction costs (including value-added tax) from the total of KRW 374,231,00,000, and on November 30, 2019.

I prepared and arranged a letter of commitment to pay 69,231,000 won for a subcontract.

F. On December 4, 2019, the Defendant, on December 4, 2019, drafted a written undertaking to pay the amount payable in installments to the Plaintiff in total, KRW 63,210,000 (Evidence A 4; hereinafter “instant undertaking”).

G. The Defendant paid KRW 1,00,000 to the Plaintiff around January 10, 2020, and did not pay the amount under the instant promise.

2. According to the above facts of recognition, the defendant of this case is the plaintiff.