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(영문) 인천지방법원 2016.04.12 2015가단1733 (1)
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. The pertinent Plaintiff is the head of C’s business team, and the Defendant is a company engaged in the business of manufacturing general-use electric lighting equipment, and the Plaintiff was aware of D, the Defendant’s representative director, from around 2008.

B. On February 20, 2014, the Korean Development Co., Ltd. (hereinafter “Korea Development”) announced a public announcement of purchase (production) tender (Evidence No. 3) including the following details.

1. The description of the publication number, size, and quantity delivery place of the tender submitted, and the non-performance place of E Ma3, and the non-performance period of the goods, and the difference between the F-designated place and the F-designated place is 9,545,00 won separate from VAT for 20 days after the purchase contract for the CAR 215EA;

9. Date of commencement and completion of a contract: A contract shall be concluded on the tenth day from the day following the award of the contract (including holidays, and if the scheduled date of conclusion of the contract is a holiday, on the following day) and shall be delivered within the said payment period.

C. 1) After G was awarded a successful bid from the development of South-Namdong (hereinafter “instant contract”) with the Defendant, the amount of KRW 86,500,000 (Additional Tax) shall be set as the subcontract agreement (hereinafter “instant contract”).

2) Pursuant to the instant contract, G issued to the Defendant a written order stating “the name of the goods: Digital T-S OCE-III, AC10-220 V, the applicable volume, and the amount of the medium circuit (ACE-MEC)”: 215EA, the amount: 86,50,000 won (Additional Tax).”

The reference column of the above order refers to “payment period: March 7, 2014; settlement means: Cash settlement and delivery place: Place for the designation of the head office.”

3) The Defendant supplied the instant goods from H and supplied them to G. The Defendant supplied the goods from H: The Defendant, on March 6, 2014, issued electronic tax invoices from H, stating as “the supplier: the Defendant, the supplier: the Defendant: the amount of KRW 215; the unit price of KRW 29,50: KRW 6,342,50; the total amount of KRW 6,342,50: KRW 6,976,750 (the tax amount of KRW 6,342,50).”

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