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Reasons
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(영문) 창원지방법원 통영지원 2018.08.21 2017가단27050
계금
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1. The defendant shall pay to the plaintiff KRW 1,384,454.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit;

Reasons

1. Facts of recognition;

A. On November 12, 2016, the successful bidder awarded the contract as of November 12, 2016, the Plaintiff is a successful bidder organized by the Defendant as the successful bidder on November 12, 2016 (in the case of KRW 11,00,000,000,000,000,000,000,000,000).

(2) The Plaintiff subscribed to the instant primary system. (2) As to the instant primary system, the Plaintiff paid each amount of KRW 10,000,000 on November 22, 2016, and KRW 9,060,00 on December 15, 2016, and the amount of KRW 4 months from January 22, 2017 to April 2017 was set off against the Defendant’s and the Plaintiff’s Defendant’s loans amounting to KRW 50,00,000 on June 22, 2016. The Plaintiff paid each amount of KRW 50,000 on May 16, 2017, KRW 16,179,000, KRW 179,000 on June 16, 2016, KRW 9,000 on July 17, 2017, KRW 068,00 on July 9, 2017.

3) The Plaintiff was awarded a successful bid of KRW 98,80,000 on August 12, 2017. The Defendant, on September 7, 2017, paid KRW 30,000, out of KRW 88,800,000, remaining after deducting KRW 10,000,000, which the Plaintiff had to pay to the Plaintiff, shall be paid to the Plaintiff as of October 10, 2017, KRW 10,000,000, and the remainder of KRW 48,80,00,000,000, which was paid to the Plaintiff on November 7, 2017, did not pay KRW 15,00,00.

2) With respect to the instant secondary fraternity, the Plaintiff paid KRW 6,68,00 on April 7, 2017; KRW 5,187,00 on May 7, 2017; KRW 5,611,00 on June 7, 2017; KRW 5,902,00 on July 7, 2017; KRW 5,834,000 on August 7, 2017; KRW 5,747,00 on September 7, 2017; KRW 10,805,00 on October 7, 2017; and the Plaintiff did not receive KRW 10,80 on October 1, 207; KRW 30 on October 16, 2017; and KRW 10,805,00 on October 27, 2017; and the Plaintiff did not receive KRW 300 on July 27, 2017.

C. Set-off 1) The Defendant: (a) received the instant second set-off from January 2018 to July 2018 after receiving the award; and (b) KRW 46,676,000 in total amount of the deposit of the instant second set-off from January 2018 to July 2018 (=6.00.

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