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(영문) 수원지방법원평택지원 2020.02.18 2019가단1355
약정금
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1. The Plaintiff’s KRW 23,100,000 to the Defendant, as well as 6% per annum from February 24, 2018 to May 21, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures digital painting in Pyeongtaek-si C, and Nonparty D is a person who manufactures automated machinery, and the Defendant is a person who sets electric control systems and automation systems in the trade name of “E”.

B. On October 25, 2017, the Plaintiff entered into a contract for the production of digital music equipment (hereinafter “F”) with Defendant and D as indicated in the attached sheet (hereinafter “instant contract”) and paid KRW 23,100,000 (including additional tax, the Defendant’s software production cost is KRW 6,200,000 among the total contract amount, and KRW 17,590,000 among the down payment is delivered to D in charge of hardware) to the Defendant on October 30, 2017.

The Defendant did not distinguish Nonparty D’s hardware amount according to the instant contract, but issued a tax invoice for the total down payment to the Plaintiff as of October 29, 2017, without distinguishing Nonparty D’s hardware amount.

C. The Plaintiff requested Nonparty D to remodel “G” under Article 5(5) of the instant contract, and paid KRW 1,925,000 to the Defendant on November 30, 2017.

The defendant delivered the above amount to D, and on December 27, 2017, the defendant issued a tax invoice for the above amount to the plaintiff for the above reasons.

On January 2018, the defendant stated that the above schedule was excluded from the daily amount of 3/1000 on the basis of the general order, in the case of the progress attached to the e-mail sent to the plaintiff at the end of the end of January 2018.

E. The Plaintiff sent to the Defendant a content-certified mail demanding the performance of the contract as of February 10, 2018, which was the second delivery deadline, and on February 13, 2018, and the written statement to the effect that the contract of this case is rescinded (the written application for modification of the purport of the claim and the cause of the claim as of January 9, 2019) reached the Defendant around March 18, 2019.

[Ground of recognition] Facts without dispute, and evidence Nos. 1 through 5 are numbers.

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