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(영문) 서울동부지방법원 2018.04.05 2017가합106891
용역비
Text

1. The Plaintiff:

A. As to Defendant M second Company’s KRW 383,355,000 and KRW 363,550,000 among them, the lower court determined as follows:

Reasons

1. Basic facts

A. Defendant C&C Co., Ltd. (hereinafter “Defendant C&C”) shall be 2016 from D/C located in Busan Daegu Shipping Co., Ltd.

7. From September 23, 2016 to September 23, 2016, an animal sample exhibition (hereinafter “instant exhibition”) held as the subject of “E” is the main agent of the instant exhibition, and the Defendant Mwei Co., Ltd. (hereinafter “Defendant Mwei”) is the agent who was awarded a contract for the holding and operation of the instant exhibition from Defendant CNAcom.

B. On April 29, 2016, Defendant A entered into a contract with Defendant B (hereinafter “Defendant B”) to entrust the part relating to the exhibition and event to KRW 1.416 billion with the price, among the matters regarding the holding and operation of the instant exhibition. On the same day, Defendant B entered into a contract with the Plaintiff to entrust the Plaintiff with the exhibition and experience activities, and with the affairs pertaining to infrastructure among the services pertaining to the instant exhibition.

C. Meanwhile, during the period of the instant exhibition, the issue was caused to the Red Sea, which was established for the exhibition, and the Plaintiff performed additional services, such as additional installation of tents at the site (hereinafter “instant additional services”).

In addition, on August 10, 2016, the Plaintiff sent a written estimate that calculated the instant additional service cost at KRW 65.55 billion by using the receipt of August 10, 2016 as “Defendant B’s head.”

On September 29, 2016, the Plaintiff and Defendant C&A drafted a letter of payment that shall pay 4555,550,000 won of the instant additional service charges in three equal installments. The main contents are as follows.

1. Date of payment - Within 11:00,000 square meters per annum ( e.g., 150,000,000), within September 30, 2016 - Part payment: KRW 100,000 per annum ( e.g., e., 100,000), within the banking business hours of October 5, 2016 - The remainder within the banking business hours of October 5, 2016 : e.g., e., e., KRW 205,50,000) and the banking business hours of October 7, 2016.

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