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(영문) 대구지방법원경주지원 2016.11.01 2016가단11489 (1)
약정금
Text

1. The Defendant’s KRW 53,265,529 as well as the Plaintiff’s annual rate of 5% from February 6, 2016 to May 19, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and 3 (including paper numbers), the testimony of the witness C and the entire purport of the pleadings.

The Plaintiff, while operating the service business in the name of D, provided services to F who operates the automobile parts manufacturing business under the trade name of E, and received KRW 53,265,529.

B. Meanwhile, the Defendant ordered F to process plastic products that are automobile parts, and provided F with gold punishment owned by the Defendant.

C. However, F, without paying the service fees to the Plaintiff on January 2016, 2016, was temporarily set free from the Plaintiff, and the Plaintiff knew of the fact, thereby preventing F’s factory entrance doors and attracting the penalty against the Defendant in the factory.

On January 31, 2016, the Plaintiff and the Defendant agreed to the following terms:

(hereinafter referred to as “instant agreement”). 1. Unpaid price (excluding value-added tax): 21,450,158 (Issuance of Tax Invoice E): 17,651,788 (Issuance of Tax Invoices): The amount of KRW 14,163,583 (Issuance of Tax Invoices): 53,265,529:

2. The payment method for unpaid amount: 1) 21,450,158 won (in the case of issuance of tax invoices) for July, and 2) 31,815,371 won (in the case of non-issuance of tax invoices) for August/9 shall be paid after consultation by February 5.

2. Summary of the parties' arguments

A. The defendant shall pay 53,265,529 won and damages for delay agreed to pay in the agreement of this case.

B. Defendant 1) According to the instant agreement, the Defendant merely means that the service charges for August and September, which are not issued by the tax invoice would be paid upon the agreement to pay after consultation, and it does not have an agreement to pay in a fixed manner at the time of the instant agreement. Thus, the Plaintiff’s claim cannot be complied with. 2) At the time of the instant agreement, the Plaintiff illegally attracting the gold punishment owned by the Defendant, and received F’s service charges until the payment of F is made.

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