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(영문) 전주지방법원 2018.07.11 2017가단29455
용역비
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 76,850,000 and Defendant from November 27, 2014.

Reasons

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff entered into a contract with the Defendant Limited Company (hereinafter “Defendant Company”) for membership recruitment service (hereinafter “instant recruitment service contract”) and a planning and service contract for sale in lots (hereinafter “instant planning service contract”). At the time of entering into each of the above service contracts, the Defendant Company’s Regional Housing Association for the instant recruitment service contract and the planning and service contract for sale in lots (hereinafter “instant planning service contract”) jointly and severally guaranteed the Defendant Company’s obligations under the instant recruitment service contract and planning service contract.

B. From November 17, 2013, the Plaintiff commenced business activities, such as recruitment of union members and promotion of sales in accordance with the instant recruitment service contract and planning service contract, from around November 17, 2013, and recruited a total of 293 household members by May 30, 2014.

C. On September 1, 2014, the Plaintiff and the Defendant Company settled the amount of 267,850,000 won (including value-added tax) to be paid to the Plaintiff by the Defendant Company in accordance with the instant recruitment services contract and planning services contract, and agreed to pay 130,00,000 won out of 196,850,000 won ( = 267,850,000 - 71,000,000 won) excluding the service cost already paid 71,000,000 won (= 267,850,000,000) to the Plaintiff by September 2, 2014; and the remaining service cost is paid by the Defendant Company to the Plaintiff within 66,850,000 won (=196,850,000 won - 130,000,000 won) on the approval date of the business plan.

However, even after the lapse of 20 days from the date of approval for the business plan, the Defendant Company did not pay KRW 76,850,000 to the Plaintiff for the service cost of KRW 120,000,000, which was not paid to the Plaintiff. Accordingly, on May 13, 2015, the Plaintiff sent official notices to the Defendant Company and paid KRW 76,850,000 for the unpaid service cost as soon as possible.

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