(영문) 부산지방법원동부지원 2016.03.30 2015가단217630

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(영문) 부산지방법원동부지원 2016.03.30 2015가단217630

용역비

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from November 21, 2015 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. The following facts are acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is shown in each entry of evidence A Nos. 1 through 6.

(1) On April 21, 2015, the Defendant entered into a service agency contract (the instant service agency contract) with the purport to ensure the smooth sale of the said apartment units in relation to the construction project of the apartment units on the land of 352 and 25 parcels, with the content that the Defendant would be in charge of the overall marketing service for six months between the Plaintiff and the Plaintiff, but in return, the Defendant would pay the Plaintiff the total amount of KRW 60 million on six occasions each 25th day of the month.

(2) The Plaintiff performed the instant service under the instant service agency contract, and the Defendant paid the service cost of KRW 10 million on April 2015 to the Defendant, but the service cost of KRW 5 million from May 2015 to July 2015 to KRW 5 million respectively, and the service cost of KRW 10 million on August 2015 and September 2015 was not paid at all.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 21, 2015 to the date of full payment, as sought by the Plaintiff, with the total amount of the service costs unpaid to the Plaintiff (from May 2, 2015 to July 2015, KRW 15 million,000,000,000 to August 1, 2015, KRW 10,000,000,000 to September 1, 2015) and as sought by the Plaintiff.

2. As the Defendant agreed with the Plaintiff to reduce the service cost to be paid every month from May 2015 to five million won, the Defendant’s assertion that the service cost was fully paid from May 2015 to July 2015.

However, there is no evidence to deem that there was an agreement to reduce the service cost of five million won, so the defendant's above assertion cannot be accepted.

3. If so, the plaintiff's objection.

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