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(영문) 의정부지방법원 2016.09.28 2015가단123504
약정금
Text

1. The Defendant’s KRW 15,815,00 for the Plaintiff and 6% per annum from December 5, 2015 to September 28, 2016.

Reasons

1. Basic facts

A. On June 4, 2015, the Plaintiff was paid KRW 2,00,000,000 as down payment by the Defendant, when entering into an oral service contract with the Defendant for the preparation, progress, etc. of “C event” (hereinafter the above event “instant event,” and the above service contract “instant service contract”) with the trade name of “B” and the Defendant.

B. After that, the Plaintiff presented a written estimate to the Defendant that the sum of the service costs of KRW 28,50,000 to the Defendant. Accordingly, the Defendant requested that the scale of the instant event be greater than that of the instant event, and the Defendant additionally paid KRW 10,000,000 to the Plaintiff on July 2, 2015, and KRW 5,000,000 on September 10, 2015 (the amount of the service payment became a total of KRW 17,00,000,000), and with respect to the remainder of the service payment, it was decided to make the final settlement through a written estimate after the completion of the instant event.

C. Accordingly, the Plaintiff continued the instant event on September 16, 2015 through the final interest-free theory, etc. on the day before the instant event was prepared and held, and thereafter, around September 2015, the Plaintiff presented to the Defendant a final estimate that the sum of service costs, including ① 11,155,000 won in relation to the structure, etc., ② 14,200,000 won in relation to the stage rent, ③ 11,00,000 won in relation to performers, and ③ 11,000,000 won in relation to performers (hereinafter “final estimate”), and the specific details are as shown in the separate sheet.

[Grounds for Recognition] Unsatisfy, each entry or video (including each number), the purport of the whole pleadings, as a whole, of Gap evidence 1 to 13

2. Determination on the cause of the claim

A. The Plaintiff first seeks payment of KRW 19,355,00,000, which remains after deducting KRW 17,00,000 from the service price of KRW 36,355,00,00 based on the final estimate of this case, as to the claim for service payment of KRW 19,35,00,00,00, based on the propriety or credibility of the final estimate of this case. Thus, the Plaintiff is adequate or reliable as to the service payment of KRW 19,35,00.

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