(영문) 인천지방법원 2018.11.07 2018가단211234

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(영문) 인천지방법원 2018.11.07 2018가단211234

물품대금

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1. The defendant shall pay 5,068,000 won to the plaintiff and 15% per annum from April 5, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization that makes an advertisement agency, manufactures and installs banner, etc., and the Defendant is a regional housing association promotion committee that promotes the new apartment construction project.

B. On April 15, 2017, the Plaintiff entered into an advertising advertising agency contract with the Defendant to manufacture and supply placards, etc. related to the new apartment construction business (hereinafter “first contract”). From March 31, 2017 to June 2017, the Plaintiff manufactured and supplied the Defendant with banners, etc. equivalent to KRW 43,820,00 (excluding value-added tax). At the time of the first contract, the price for the goods was agreed to be paid according to the Defendant’s membership recruitment rate. The first contract was concluded with the Defendant on June 19, 2017. (c) On June 27, 2017, the Plaintiff concluded an advertising agency contract with the Defendant for the manufacture and supply of placards, etc. related to the new apartment construction business (hereinafter “second contract”) and concluded a new contract for the production and supply of goods to the Defendant from around 31, 2017 to around November 18, 2017 (hereinafter “value-added tax”).

At the time of the second contract, the price for the goods was paid in 12,000,000 won at the time of the order for banner, and the remaining price for the goods was agreed to be paid immediately by the defendant to invite 20% of its members.

On November 30, 2017, the Plaintiff and the Defendant agreed on the price of goods under the above-mentioned 1 and 2 contracts as follows:

(hereinafter “instant agreement”). Of the amount of KRW 43,820,000 for the first contract (excluding value-added tax), KRW 13,000,000 (including value-added tax) shall be paid on December 1, 2017.

Any balance shall be paid by March 2018.

The second contract portion of KRW 18,060,000 (excluding value-added tax) shall be determined reasonably by mutual agreement between the plaintiff and the defendant.

E. On December 5, 2017, the Defendant paid KRW 13,000,000 to the Plaintiff as part of the share of the primary contract.

The defendant is keeping up to now a part of the banner produced and supplied by the plaintiff.

유사 판례

-인천지방법원 2018.04.18 2016가단52943

-서울동부지방법원 2017.12.06 2016가단39546

-수원지방법원여주지원 2013.06.14 2012가단2677

-대전지방법원논산지원 2014.07.23 2012가합747

-서울중앙지방법원 2018.07.24 2017가합535489