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(영문) 청주지방법원 영동지원 2018.02.09 2015가단4688
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s advance payment of KRW 12,750,000 based on the service agreement dated October 20, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is a legal entity that completed the registration of incorporation on November 5, 2009 for the purpose of manufacturing, selling, etc. of a special company publication. 2) The Defendant is a legal entity that completed the registration of incorporation on August 20, 2013 for the purpose of developing, producing, distributing, trading, etc. working clothes and working clothes.

B. The Defendant’s selection of government-funded business operators and conclusion of a service contract with the Plaintiff) the Defendant was designated as a customized business operator producing C original group due to government support around July 2014, and as the main institution in charge, the D Center (hereinafter “D Center”).

(2) On October 20, 2014, the Defendant entered into a service contract with the Plaintiff to manufacture and supply textile and clothing using C functions (hereinafter “instant service contract”). The main contents are as follows.

The term of contract for E contract: 42,50,000 won (excluding value-added tax): the contract amount: 30% of advance payment, intermediate payment 20%, and 50% of the balance) contract period: The purpose of this contract is to provide for all matters to be smoothly performed by “A” (Defendant) on October 20 through December 31, 2014.

Article 2 (Execution of Projects) “B” shall carry out this service within the extent of the above contract amount in accordance with the separate order of the service in lots.

Article 4 (Submission of Reports) (1) "B" shall submit a report on the results of the project with the service results to "A" as follows:

1. A report stating the procedure and method for providing services;

2.Evidence photograph. (2) “A” may, after evaluating and reviewing the reports referred to in the subparagraphs of paragraph 1, require supplementation or corrective action, and “B” shall be responsible for supplementation.

In such cases, the payment shall be made after final review of the results report along with the service results.

Article 6 (Extension of Period and Compensation for Delay) (1) "B" shall be prescribed in this Agreement.

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