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(영문) 전주지방법원 2018.11.22 2017가단27268

용역비

Text

1. The Defendant’s KRW 29,500,000 as well as the Plaintiff’s annual rate of KRW 6% from August 22, 2017 to November 22, 2018.

Reasons

1. Facts of recognition;

A. On April 29, 2015, the Plaintiff and the Defendant drafted a solar energy supply contract (hereinafter “instant contract”). The main contents are as follows.

- Delivery by the Plaintiff to the Defendant within 30 days from the date of the Defendant’s request - Contract Price of 5,000,000 (including VAT) - Payment method: The Defendant shall, within one month after the end of each month of the Plaintiff’s issuance of the tax invoice, deposit in cash to the Plaintiff’s designated account (for 30% of the price of the goods, June, 40%, 7, and 30% at the end of August, respectively), respectively.

B. On May 18, 2015, the Defendant sent to the Plaintiff a letter that “The case of a lump sum cash payment for the price for the goods under the contracts for the sun-solars.” The above letter of public order includes the following matters:

2. The details of requests for cooperation by processing them as follows to the cooperation on the proposal for “A military service contracts for solar-powered goods” under the contract with Ethropians: Reasons for requesting a lump sum cash settlement after delivery of solar-powereders (1KW): The terms and conditions of delivery on the side of the C company, which is the supplier, - the network for deposit in cash on May 20.

C. In order to implement the above contract, the Plaintiff entered into a contract with C Co. (D) to supply solar base for KRW 48,400,000,00, and confirmed that there was no defect in solar base and the delivery was made properly, and D issued a tax invoice on May 19, 2015.

On May 26, 2015, according to the official text of the clause, the amount of KRW 48,400,00 was remitted to the account of D. D.

The Plaintiff shall pay KRW 16,500,000, out of KRW 55,000 under the instant contract, prior to July 2015, 2015, KRW 16,500,000, and KRW 25,000,000 on September 2, 2017, and KRW 1,500,000 on September 2, 2017, and KRW 50,000 on October 3, 2017, and KRW 30,000 on October 30, 200, and KRW 300,000 on December 30, 2017, KRW 16,000,000 on May 16, 200, KRW 1000 on August 1, 2018, KRW 000 on June 10, 2018; and