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(영문) 서울중앙지방법원 2017.04.13 2016가합526259
용역대금
Text

1. The Defendant shall pay the Plaintiff KRW 44,550,00 and the interest rate of KRW 15% per annum from April 14, 2017 to the date of complete payment.

Reasons

The Plaintiff and the Defendant: (a) around June 18, 2015; (b) concluded a project agreement with the Plaintiff to settle the accounts with an electronic bill on the 180th day of the following month; (c) the Plaintiff completed an additional development project based on a remote re-established standard; and (d) the Defendant divided the first KRW 81 million into KRW 40,50,000, the second KRW 28,350,000, the third KRW 12,150,000; and (d) upon receipt of the tax invoice equivalent to the settlement amount within one week from the completion date of the inspection, the Plaintiff entered into a contract with the Defendant on the 10th day of August 21 and September 21, 2015 (including the second KRW 30,000,000; and (e) the Plaintiff received the payment from the Defendant on the 3th day of 180,000,0000 won to the Defendant on the 3th day of 215, 2015.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 4,50,000 won (=31,185,000 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 14, 2017 to the date of full payment, as sought by the Plaintiff after the due date.

The employee A of the defendant's assertion that the defendant's defense was proved to have been purchased and supplied by the defendant, even though there was no actual transaction, and in the process, the defendant had the defendant pay the purchase price to the false purchaser, and the purchaser made a circular processing transaction by sending the purchase price to the false seller and then paying the purchase price to the defendant again, thereby causing damage equivalent to 14,961,06,786 won in total to the defendant.

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