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1. The Defendant’s KRW 30,700,000 as well as the Plaintiff’s annual rate from October 31, 2017 to April 10, 2019.
Reasons
1. Basic facts
A. On September 26, 2016, the Plaintiff entered into a contract with the Defendant to perform services for the establishment of the E exhibition hall (hereinafter “instant service contract”) and subsequently completed construction under the instant service contract.
The main contents of the instant service contract are as follows.
[Contract Contract] Article 2 / [Execution Details and Contract Amount]
1. Details: The details indicated on the direction of operations, other than basic wood straws, 102 copies, stage, and Fixs;
2. Contract amount: 203,300,460 won (including surtax);
3. Separate settlement in the event of an increase or decrease in the quantity other than the contract at the site of the contract - Payment at the time of concluding the contract deposit, and payment within October 20, 2016;
1. Contract deposit (in advance): 100,000,000 won (including surtax);
2. Balance: Article 4 [Period of delivery/place of delivery] of the Value-Added Tax (including Value-Added Tax).
1. Installation period: From September 27, 2016 to September 27, 2016
9. The 29th day of the event: the removal period from September 30 to October 9, 2016: 10 days after October 9, 2016.
2. Place: Designation place in the Busan Metropolitan Transportation and Daegu G exhibition center.
B. Around December 2016, the Plaintiff, the Defendant, and H, the ordering agent, finally settled the service cost under the instant service contract at KRW 172,200,000.
C. The Plaintiff received total of KRW 126,100,000 from the Defendant as the service price under the instant service contract.
【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 3, and 5, and the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 46,100,000 unpaid services (i.e., the final settlement amount of KRW 172,20,000 - the service cost of KRW 126,10,000) and damages for delay.
B. On December 14, 2016, the Defendant asserted that, at the time of the final settlement of accounts around December 14, 2016, the Plaintiff received all the service costs under the instant service agreement from H, the ordering entity, and that the Plaintiff received KRW 15,400,000 from H, as the service costs under the instant service agreement.