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1. The Defendant’s KRW 5,326,552 to the Plaintiff and KRW 5% per annum from February 6, 2016 to December 6, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff, under the trade name B, had a service payment claim of KRW 53,265,529 (excluding value-added tax) that was not received by providing services to D who operate the automobile parts manufacturing business under the trade name C.
(hereinafter referred to as “instant service,” and the above service price is “the instant service price.” (b)
The defendant ordered the above D to process plastic products, which are parts of a motor vehicle, and provided gold bars owned by the defendant.
C. However, D, without paying the service fees to the Plaintiff, was temporarily set out on January 2016, and the Plaintiff knew of the fact, thereby preventing D’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 C): 17,651,788 (Issuance of Tax Invoice) monthly: 14,163,583 (Issuance of Tax Invoice): 53,265,529 won:
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.
E. After D, the Plaintiff issued a tax invoice for KRW 31,815,371 in total, including KRW 14,163,58, and monthly service charges for KRW 17,651,78, and KRW 14,583 in September.
F. On November 1, 2016, the Plaintiff filed a lawsuit against the Defendant for the claim for the agreed amount under this case’s agreement with the lower court. On November 1, 2016, the lower court was sentenced to the judgment that “The Defendant shall pay to the Plaintiff the amount of KRW 53,265,529 and the amount of KRW 55% per annum from February 6, 2016 to May 19, 2016, and the amount of KRW 15% per annum from the next day to the day of full payment” (hereinafter “prior judgment”). The said judgment became final and conclusive on November 19, 2016.
[Reasons for Recognition]