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1. The Defendant’s KRW 36,00,000 as well as its annual 6% from July 29, 2014 to January 14, 2015 to the Plaintiff.
Reasons
1. The parties' assertion
A. On May 20, 2014, the Plaintiff asserted that the contract amount was agreed to provide the Defendant with the two vehicles and the images, sound, etc. necessary for the election rent A at the superintendent of the Gyeonggi-do Office of Education to KRW 68,200,000 (including value-added tax) and provided all the said vehicles, etc.
Therefore, the defendant is liable to pay 64,600,000 won remaining after deducting the down payment amount already paid to the plaintiff from KRW 3,600,000 and damages for delay.
B. The Defendant asserted that the Plaintiff would receive two voting vehicles from the Plaintiff to the contract price of KRW 39,600,000 (including value-added tax). If the ratio of the A candidate’s votes falls short of 10%, the Defendant agreed to pay KRW 10% of the contract amount, 50% of the contract amount if the ratio of votes obtained exceeds 10%, and 100% of the contract amount if the ratio of votes obtained exceeds 15%, and KRW 3,600,000 out of the contract amount in advance.
However, the ratio of the votes obtained by the candidate A was less than 10%, and the defendant has already paid 10% of the contract amount to the plaintiff, so there is no obligation to pay the additional amount.
2. Determination
A. In full view of the evidence No. 2, evidence No. 4-1, and evidence No. 4-2 as to the cause of the claim, and the purport of the entire pleadings, it is recognized that the Plaintiff, who operates the exhibition-related business, agreed to supply two U.S. vehicles and two images and sound to the Defendant, who operates the exhibition event planning and event event, and the event, provided the above vehicles, etc.
Furthermore, as to the Plaintiff’s assertion that the contract amount at the time of the above supply agreement was agreed to be KRW 68,200,000, each statement of health class, evidence No. 1, and evidence No. 3 alone is insufficient to acknowledge the fact that the contract amount agreed between the Plaintiff and the Defendant exceeds KRW 39,60,000,000, and there is no other evidence to support it, it is reasonable to view that the contract amount under the above supply agreement was KRW 39,60,000.