(영문) 수원지방법원성남지원 2020.07.22 2019가단22066

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(영문) 수원지방법원성남지원 2020.07.22 2019가단22066

용역대금

Text

The defendant shall calculate 36,00,000 won to the plaintiff and 12% per annum from January 3, 2020 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Defendant is a company running the business of installing solar power plants and sun-solars. The Plaintiff concluded a service contract with the Defendant and concluded a construction contract with the Defendant by attracting its customers on behalf of the Defendant, and received operating allowances from the Defendant. 2) The Plaintiff did not receive fees of KRW 36 million in relation to the construction contract for solar power generation concluded with C on May 16, 2019, which was concluded with C on behalf of the Defendant.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from January 3, 2020 to the day of full payment, which is the day following the delivery date of a copy of the contract contract commission of KRW 36 million and a copy of the complaint.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the plaintiff had not received the construction price from C in relation to the contract that the plaintiff entered into with C on behalf of the defendant.

On August 14, 2019, the Plaintiff and the Defendant agreed to settle that the contract-related fees entered into with C are not paid upon termination of the service contract relationship.

B. In light of the respective descriptions of Gap evidence Nos. 6 through 9 (including branch numbers), it is not sufficient to acknowledge that there was an agreement between the plaintiff and the defendant on the settlement of accounts between the plaintiff and the defendant, and there is no other evidence to acknowledge that there was an agreement on the settlement of accounts between the plaintiff and the defendant, the defendant's assertion is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

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