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(영문) 서울남부지방법원 2016.06.16 2015가단209099
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 17, 2013, the Plaintiff consulted the Defendant with respect to all the business affairs for the supply of digital radio wave analysis equipment and systems, etc. to B, and paid 50% fees out of the profits excluding all the expenses, and entered into a consulting contract with the effect that the Plaintiff equally provides support for the period of product services and the performance of maintenance and repair work (hereinafter “instant consulting contract”).

B. On August 1, 2014, the Plaintiff provided that the Defendant and the Armed Forces C military unit development services for the digital radio wave analysis, installation, and radio wave analysis system (including value-added tax) contract amounting to KRW 1,010,000,000 (including value-added tax), the contract period from August 1, 2014 to December 12, 2014, advance payment of KRW 300,000,000, and the remaining end-user B shall be paid within five business days from the completion date of the payment, and this contract entered into a contract on the supply of measurement system (hereinafter “instant measurement system supply contract”) under which all other contracts other than this contract were invalidated.

C. On August 5, 2014, the Defendant entered into a contract for the manufacture and installation of goods with the Armed Forces C to introduce digital radio wave analysis equipment (hereinafter “contract for the manufacture and installation of the instant goods”). D.

The Defendant paid the Plaintiff KRW 300,000,000,000 on September 3, 2014, and KRW 660,350,00 on December 31, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion is that the Defendant already paid to the Plaintiff KRW 421,438,50 equivalent to KRW 842,87,00,00, after deducting total expenses, such as equipment import cost, service cost, material purchase cost, and software development cost, from total expenses of KRW 2,467,123,00.

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