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(영문) 서울서부지방법원 2019.06.05 2018가합40853
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 276,375,00 and the interest rate of KRW 15% per annum from November 10, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s contract for the provision of art services was concluded between May 25, 2018 and August 30, 2018, with the Defendant’s request, with the content that “D” (a total of 16 secondary broadcast period was from July 23, 2018 to September 17, 2018; hereinafter “instant D”) as a broadcast program of C (hereinafter “C”), was to be paid in cash by the Plaintiff’s representative account by the date when the program was completed, and the contract amount was KRW 670,00,000 (excluding value-added tax) with the Defendant on August 10, 2018. The Defendant concluded a contract for the provision of art services (hereinafter “instant contract”).

B. According to the instant contract, the Defendant deposited art expenses of KRW 184,250,00 on August 1, 201 through April 4, 2018 (including value-added tax; hereinafter the same shall apply) and KRW 276,375,00 on September 10, 2018 to the Plaintiff’s account, and paid KRW 276,375,000 on October 10, 2018 to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 276,375,000 won unpaid price of the contract of this case and damages for delay calculated at the rate of 15% per annum from November 10, 2018 to the date of full payment after the service of the original copy of the payment order of this case, which the plaintiff sought, as the payment deadline.

3. The defendant's argument regarding the defendant's assertion occurred due to C's unfair business obstruction and unfair trade practices in manufacturing the instant drama and broadcasting it through C, and the defendant's damage was compensated.

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