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(영문) 의정부지방법원 2018.02.09 2017가합52207
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On June 21, 2016, the Plaintiff entered into a contract with the public relations center “B” (hereinafter “instant public relations center”) (hereinafter “instant public relations center”) for the design and supervision of the interior design and supervision services at KRW 99,660,000 (including value-added tax) in consideration of the price (hereinafter “instant contract”).

The non-party company agreed to pay the above service price in full within 14 days after the completion of the plaintiff's service, and to pay the price for the households kept in the publicity center of this case separately from the above service price.

B. On July 6, 2016, the Plaintiff performed all services, such as interior design, under the instant contract, and agreed with Nonparty Company as KRW 18,735,200 (including value-added tax).

C. The non-party company agreed to pay the amount calculated by multiplying the number of days delayed by 25/1,000 of the unpaid amount in the event of delay in the payment of the service price under the instant contract, as damages, to the Plaintiff.

However, the contract of this case was subcontracted by the non-party company to the non-party company again from the non-party company as part of the design and supervision service of the publicity center of this case that the non-party company received from the defendant, and the defendant, the original owner, agreed to pay the service price and interest in arrears directly to the plaintiff if the non-party company did not pay

E. From June 21, 2016 to July 8, 2016, the Plaintiff received 65,000,000 won out of the service payment from the non-party company. On March 31, 2017, the Plaintiff received payment of the remainder of 38,126,000 won from the Asian Trust Co., Ltd. (=34,660,000 won x 1.1, value-added tax).

F. As the Nonparty Company and the Defendant delayed the payment of the remainder of KRW 34,660,00 from July 21, 2016 to March 31, 2017, which was 14 days after the completion of services under the instant contract, the Defendant shall compensate the Plaintiff for damages.

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