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(영문) 대구지방법원 2015.04.03 2014가단42407

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On December 30, 2010, the Defendant was awarded a contract for the manufacture and installation of 3,500 tons (hereinafter “instant construction”) by setting the construction amount as KRW 3,420,00,000 from a New Metal Co., Ltd.

B. The instant construction project exclusively operated by the Plaintiff and agreed to pay to the Plaintiff KRW 136,80,000, equivalent to 4% of the above construction cost.

C. Therefore, the defendant is obligated to pay to the plaintiff KRW 89,800,000 which was not yet paid out of the above agreed amount, and damages for delay.

2. Determination

A. The fact that the Defendant paid KRW 47,000,000 to the Plaintiff regarding the instant construction project is not a dispute between the parties.

B. Furthermore, as to whether the Defendant is liable to pay additional KRW 89,800,000 to the Plaintiff, in light of the respective descriptions of evidence Nos. 2 and evidence Nos. 1 and 2 as to whether or not the Defendant originally agreed to pay KRW 136,80,000 corresponding to the construction amount of the instant case to the Plaintiff, it is difficult to believe that part of the evidence Nos. 2 and evidence Nos. 1 and C’s testimony, consistent with the Plaintiff’s assertion, are difficult to accept, and there is no other evidence to acknowledge the above contract.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.