beta
(영문) 광주지방법원 2017.06.21 2016가단16233

물품대금

Text

1. The Defendant’s KRW 44,00,000 as well as 5% per annum from July 1, 2015 to May 12, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that operates exhibition agency business and events planning business, and the Defendant is a corporation that carries on a housing construction business, etc., and is a corporation that newly constructs a regional housing association apartment in the Seoul Northern-gu B B (hereinafter “instant construction”).

B. On June 19, 2015, a promotion committee of the C Regional Housing Association was established and the identification number was issued on the 24th of the same month, and on February 24, 2016, the establishment of the said housing association was authorized.

C. The promotion committee for the establishment of the non-party housing association concluded a fund management contract with the non-party Korea Trust Co., Ltd. and executed funds related to the instant project through Korea trust.

At the Defendant’s request, the Plaintiff provided a model voucher exhibition agency service, etc. equivalent to KRW 166,309,00,000 in total, from June 25, 2015 to June 30, 2015, and supplied goods, such as leaflets.

E. On July 9, 2015, the Plaintiff accepted the Defendant’s request for reduction of D employees, and the Plaintiff and the Defendant drafted an advertising agency contract (Evidence A5) with the content that the Plaintiff has provided the Defendant with advertising campaign of KRW 154,000,000 and the production of printed materials.

F. The Plaintiff received KRW 20,000,000, out of the supply price of this case from the Korea Trust (State) on August 26, 2015, KRW 70,000 as well as KRW 70,00,000 on September 23, 2015, and KRW 20,000,00 on January 29, 2016.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, 5, 8 through 14, testimony of witness E and purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay 44,000,000 won (i.e., the 154,000,000 won agreed at a payment key - the 1110,000,000 won paid) and damages for delay on behalf of the plaintiff.

B. The Defendant’s assertion as to the Defendant’s assertion is merely a construction work performed by the instant housing association upon being awarded a contract for the instant construction work, and was constituted only by the Housing Association Promotion Committee around June 2015, and was established before the authorization to establish the housing association and the inaugural general meeting.