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(영문) 부산지방법원 2015.11.13 2015나10391
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the advertisement manufacturing business with the trade name called "D" in Busan Jin-gu C, and the Defendant was a person who was sent to the superintendent of Busan City Office of Education in the 6th nationwide local election in 2014.

B. On May 12, 2014, the Plaintiff and the Defendant concluded a contract for the production of banners on May 20, 2014, the production of street banners on May 24, 2014, the production of street banners and shoulder belts on May 24, 2014, and the production of banners under MBC on June 3, 2014 (hereinafter “instant contract”).

C. On May 12, 2014, the Plaintiff issued a tax invoice of KRW 550,000,000 for only the sales contract for banner production, and did not issue a tax invoice for the remainder of the contract.

The Plaintiff received respectively the amount of KRW 605,000,000, including value-added tax, from the Defendant on May 22, 2014, as the amount for the production of banner as of May 12, 2014, and the total of KRW 6 million on the same day and June 2, 2014, as the amount for the production under the instant contract.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 3 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. Determination

A. According to the purport of the facts and the entire pleadings as seen earlier prior to the determination of the cause of the claim, barring any special circumstance, the Defendant is obligated to pay 1,1320,000 won and damages for delay, as the Plaintiff seeks, after deducting the amount of KRW 6,605,00 (including value-added tax 55,000) already paid to the Plaintiff from the amount of KRW 17,925,00 under the instant contract plus only the amount of KRW 55,000,000, which was added to the amount for the production of banner as of May 12, 2014.

B. The Defendant’s argument regarding the Defendant is not set at KRW 70,00,000 and KRW 80,000,000 as alleged by the Plaintiff in the contract for the production of the distance banner as of May 20, 2014, and May 24, 2014. The Defendant’s price for the banner under the contract as of May 20, 2014 is not set at KRW 70,00 and KRW 80,000.

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