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수원지방법원 2018.05.24 2017가단517406

1. The Defendant’s KRW 1,754,726 as well as the Plaintiff’s annual rate from April 20, 2018 to May 24, 2018, and the following.


1. Facts of recognition;

A. The Defendant agreed to be paid KRW 100 million (including value-added tax; hereinafter the same shall apply) from B/L to B/L on December 13, 2016 (hereinafter “instant event”) with B/L, which is to be hosted by B/L on December 13, 2016.

B. In other words, the Defendant agreed to pay to the Plaintiff KRW 89 million calculated by deducting the Defendant’s share of KRW 11 million from the Defendant’s share of KRW 100 million, which the Plaintiff performed by proxy the instant event, but the Defendant agreed to receive from the U.S. father.

On December 1, 2016, the Defendant drafted a service agency contract with the Plaintiff, and the parts relating to the payment of the price are as follows:

A, Defendant B, the Plaintiff

C. B, the Defendant’s employees, such as C, and D, affiliated with the Plaintiff, have provided e-mail with each other and prepared the instant event before the formation of the above service agency contract between the Defendant and the Defendant.

B (1) After the completion of the instant event, the Plaintiff notified C (Defendant) and D (E-mail) of the occurrence of additional cost of KRW 3,345,500 in the initial budget.

On December 23, 2016, U.S.A. returned to C (Defendant) and B (Plaintiff) through D to pay the above amount separately from the existing contract portion by recognizing the additional amount of KRW 3,345,500.

E. On December 23, 2016, the Plaintiff issued a tax invoice equivalent to the above amount upon the Plaintiff’s claim for the amount of KRW 52,345,50 (the additional amount of KRW 49 million) payable to the Defendant on December 23, 2016, following the Plaintiff’s approval for the additional budget portion.

F. On December 29, 2016, the Defendant received the full amount of the service payment, including the above additional amount of KRW 3,345,500,00 from the Bottleneck Division.

G. Nevertheless, the Defendant paid only part of KRW 52,345,50 claimed by the Plaintiff.

As of April 14, 2017, the filing date of the instant lawsuit, the amount of unpaid services is KRW 37,345,500.

[Grounds for recognition] Class A, 2, 3, 5, 6, 10 evidence.