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(영문) 의정부지방법원 2015.08.21 2014가합8667
용역비
Text

1. The Defendant’s KRW 231,00,000 as well as the annual rate of KRW 5% from July 7, 2014 to September 5, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 29, 2013, the Defendant drafted a letter of undertaking that the Defendant promises to pay KRW 770,000,000 to the Plaintiff (hereinafter “instant letter of undertaking”). The Defendant’s name and seal and the Plaintiff’s name and seal are affixed at the end of the instant letter of undertaking, and the key contents are as follows.

According to a sales agency contract between the defendant and the plaintiff, the defendant is promising that the defendant will pay to the plaintiff the total of KRW 700,000,000 for principal and KRW 70,000 for sales commission (including value-added tax) in good faith with respect to the sales commission under the 8,777,410,000 of the successful bid price for the CEL lighting production and purchase installation works of the Seoul Urban Railroad Corporation Co., Ltd. (hereinafter “instant construction”) awarded by the defendant and the plaintiff.

The sales commission shall also be paid according to the method of payment determined to be paid by the successful bidder to the defendant.

In other words, advance payment(20%), intermediate payment(30%), intermediate payment(20%), and remainder(30%) are paid as follows:

(Value-added tax) The amount of KRW 20% 140,000,000 on the date of payment of business fees shall be KRW 30% 210,00,000 on December 20, 2013 and KRW 20% on the deposit basis of KRW 140,00,000 on the deposit basis within five days after the deposit; and KRW 30% on the deposit basis of KRW 210,000 on the deposit basis within five days after the deposit; and KRW 700,000 on the deposit basis of KRW 70,00,000 within five days on the deposit basis.

B. The Defendant, according to the instant undertaking, remitted the Plaintiff’s total amount of KRW 539,00,000 (including value-added tax) to the Plaintiff’s account, but did not pay the remainder of KRW 231,00,000 (=770,000,000 - KRW 539,000).

C. On the other hand, on July 1, 2014, the Defendant received KRW 1,955,237,706 from the Plaintiff for the last completion payment of the instant construction project.

[Ground of recognition] A without dispute, Gap evidence 3 (the defendant alleged that the above letter of undertaking was drafted by D's coercion, but there is no evidence to acknowledge it as seen later) and Gap evidence 5.

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