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(영문) 부산지방법원 2017.08.10 2016가단326399
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,500,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from July 12, 2016 to August 12, 2017.

Reasons

1. Basic facts

(1) The Defendant is a company that installs solar power generation facilities. The Plaintiff is a person who operates a business so that a contract for installation of solar power generation facilities (hereinafter “beneficiary”) between the Plaintiff and the Defendant is concluded.

d. Upon the formation of the establishment contract between the defendant and the beneficiary, the plaintiff is paid 20% (20%) of the value of supply as stipulated in the establishment contract by the defendant as a business allowance. Of these, 50% of the value is paid by the defendant as the down payment from the beneficiary, 30% of the remainder is paid by the defendant, and 20% of the remainder is paid by the defendant. The defendant agreed to receive the full amount of supply from the beneficiary after completing the installation of solar facilities.

Secondly, around May 22, 2015, the Defendant and D concluded a contract under which solar power generation equipment is installed in Gyeongcheon-si, Youngcheon-si, Gyeongcheon-si, with the value of supply as KRW 215 billion.

Although the Defendant installed solar power generation facilities to D, the Plaintiff received 7.5 million won out of the agreed business allowances of KRW 15 million from the Defendant, and did not receive the remainder of KRW 7.5 million.

x. In addition, around May 19, 2015, the defendant and F entered into a contract under which solar power generation facilities are installed in G located in the north-gu, Mapo-si, Northern-si, with the value of supply of KRW 210 million.

Although the Defendant installed solar power generation facilities to F, the Plaintiff was not paid KRW 4 million out of the total operating allowances of KRW 10 million by the Defendant.

[Ground of recognition] Facts without dispute, Eul evidence No. 1, Eul evidence No. 2-1, Eul evidence No. 8, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. According to the above facts of determination as to the plaintiff's cause of claim, the defendant, barring special circumstances, shall pay the plaintiff the total of KRW 11.5 million business allowances ( KRW 7.5 million) and this.

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