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(영문) 수원지방법원성남지원 2019.08.23 2018가단234350
공사대금
Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and 5% per annum from August 13, 2016 to August 23, 2019.

Reasons

1. Basic facts

A. On May 10, 2016, the Plaintiff (Provided, That the written contract is stipulated as C representative director, but the Plaintiff was merely operating an individual enterprise at the time, and thus, the Plaintiff is not a stock company) agreed that the Plaintiff follow-up settlement of the E system operation, installation, and removal conducted on July 30, 2016 and August 8, 2016 (from August 3, 2016 to August 7, 2016 on the date of the event) within five days after the completion of the ex post facto review (the remaining date of payment).

(hereinafter “instant contract”). On May 13, 2016, the Plaintiff received advance payment of KRW 55 million (including value-added tax) from D.

B. From August 3, 2016 to August 7, 2016, F broadcast performance was planned on August 3, 2016 among the paint punishment that will proceed from August 3, 2016, but the G Foundation requested the revocation of the said performance.

C. As described in the foregoing Paragraph (b), when D Co., Ltd. was excluded from the paint punishment as described in the foregoing Paragraph (a), the Defendant agreed to grant the Defendant a discharge from the Defendant’s obligation against the Plaintiff, Co., Ltd. on or around July 2016.

On July 29, 2016, the Plaintiff received KRW 50 million from the Defendant (excluding value-added tax) and KRW 22 million on April 11, 2017 (including value-added tax).

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 5, and Purport of the whole pleadings】

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant shall pay to the plaintiff the amount of KRW 120 million,00,000,000,000 (the amount of KRW 250,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

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