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(영문) 창원지방법원 통영지원 2018.07.19 2017가합11229

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 27,500,000 with full payment from October 31, 2017.


A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a juristic person established to carry out new construction and sale of housing and construction, etc., and the Defendant is a regional housing association established for a new construction project of apartment houses of B district housing association (hereinafter “instant project”).

B. From July 2013 to July 2013, the Plaintiff entered into a service contract with the Defendant, setting the period from July 2013 to June 25, 200, and the service cost as KRW 25,000 per month to KRW 25,000 (excluding value-added tax) with respect to the instant project, and entered into a service contract with the Defendant to act as an agent for an event, conference support, union rental, union management, etc. Accordingly, the Defendant’s duties are performed on behalf of the Defendant. On July 26, 2016, the instant service contract’s agency period under the said service contract is changed from July 1, 2016 to the date of completion of inspection (hereinafter “instant service contract”).

(2) Around March 24, 2015, the Plaintiff entered into an additional contract (hereinafter “instant additional contract”) with the Defendant, which includes the following:

Article 4 (Payment of Performance Bonuses at Time of Employment Inspection)

1. Where the amount to be borne by Gap (the defendant, hereinafter the same shall apply)'s union members is determined to be not more than 6,850,000 won (Won 6,850,000), the average amount of general sale, the Gap shall pay the difference amount to Eul (the plaintiff; hereinafter the same shall apply) as a performance bonus, and the time for payment shall be paid within ten days when the contribution of union members is determined after the inspection for use;

Provided, That the payment of incentives shall be limited to the amount of gold detention.

A person shall be appointed.

2.The method of determining the amount of contributions referred to in Section 1. above shall be on the basis of the average amount of contributions of the Union members on the basis of the subscription agreement of the Union members and the contract for the supply of the Union members, including D, advance refunds, amounts to be refunded in advance, amounts to be paid in advance on deferred payment of interest, amounts to be refunded by the Union, amounts to be refunded in advance