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(영문) 서울중앙지방법원 2016.04.19 2015가단119619
손해배상(기)
Text

1. The part of the instant lawsuit, which claimed value-added tax 11 million won, shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On January 19, 2012, the Plaintiff and the Defendant concluded a business start-up consulting contract (hereinafter “instant contract”) following the Defendant’s business promotion of the building B (tentative name) and agreed on the contract term, amount, etc. as follows.

In accordance with the instant contract, the Plaintiff performed the Human Rights Corporation from February 1, 2012 to March 5, 2012. During that process, the Plaintiff implemented additional construction works equivalent to KRW 20 million in agreement with the Defendant.

- Article 3 (Period and Amount of Business Start-Up Consulting Contract) - Article 3 (Period and Amount of Business Start-Up Consulting Contract)

1. The period of a contract for consulting on business start-up shall be from February 1, 2012 to March 5, 2012;

2.The cost of consulting services for start-up shall be calculated on a total sum of KRW 210,000,000,000 ( separate from value-added), and the method of payment shall be as follows:

(1) Contract deposit: 100 million won shall be paid on January 19, 2012.

(2) Part payment by account transfer on January 20, 2012: 90 million won shall be paid on February 15, 2012.

(3) Any balance: 20 million won shall be paid in full on April 5, 2012.

3.The above amounts shall include all the costs necessary for the start-up and the test cost.

4. The period of interior interior works shall be from February 1, 2012 to March 5, 2012;

Provided, That in the event of a natural disaster or a cause corresponding thereto, the period may be changed under the agreement with the other Party A.

The main contents are as follows:

Article 4 (Terms and Conditions of Business Start-Up Consulting Contract)

7. Where Eul delays the payment of any balance without justifiable grounds, the amount calculated by multiplying the number of days from the day following the due date of payment of the balance to the date of payment by the rate of interest for arrears of 20% per annum shall be paid as zero.

B. Until the end of March 2012, the Defendant paid KRW 200 million to the Plaintiff as the construction cost under the instant contract. On July 30, 2012, the Defendant included the additional cost of KRW 20 million, value added tax of KRW 10 million, and the unpaid balance, among the construction cost for the interior of a building B requested to the Plaintiff on January 19, 2012.

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