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(영문) 창원지방법원통영지원 2016.12.15 2015가단25791
손해배상(기)
Text

1. The Defendant: (a) KRW 18,00,000 for the Plaintiff and 5% per annum from December 18, 2015 to December 15, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a construction business or stone construction business (no license) with the trade name of D outside C and 3 lots in Tong-si, and the Plaintiff is a corporation with the purpose of advertising planning and public relations agency business.

B. The instant company was awarded a contract for the production and installation works of F sculptures (hereinafter “instant sculptures”) (hereinafter “instant construction works”) from Gyeongnam-gun, Busan-gun (hereinafter “Kan-gun”).

C. On July 10, 2015, the instant company entered into an agreement with the Defendant on the production and installation of the instant sculptures (hereinafter “instant agreement”). The instant company agreed to each of the following: (a) the rental business and the contract, the business management, and the design and installation business of sculptures (basic design, implementation design, cost specifications, completion books, performance products, and on-site construction).

On July 29, 2015, the instant company paid 70 million won (including value-added tax) to the Plaintiff for the supply of the instant sculptures, and 40 million won as advance payment, and concluded a contract for the supply of goods (hereinafter “instant contract”) by determining the payment after 30 days after the commencement of the contract, the date of delivery until September 4, 2015, and the Ministry of Information and Communication of the Busan-gun Office in the place of delivery of the place of delivery (hereinafter “instant contract”).

E. The instant company transferred KRW 40,000 to the Plaintiff on August 5, 2015 pursuant to the instant contract.

F. On the same day, the Plaintiff transferred KRW 20 million to the Defendant, and KRW 1.5 million to G, who is the husband of the Defendant, respectively.

G. On October 5, 2015, the instant company transferred KRW 30 million to the Plaintiff according to the instant contract.

H. On October 7, 2015, the Plaintiff transferred KRW 15 million to the Defendant.

I. On October 22, 2015, the Defendant remitted KRW 5 million to the Plaintiff.

[Reasons for Recognition] Facts that there is no dispute between the parties, evidence A-1, evidence A-2 through 4, and evidence A-2.

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