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(영문) 부산지방법원 동부지원 2017.02.14 2016가단4206

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from May 3, 2016 to the date of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion asserts that the Defendant, around July 2015, acquired all the facilities and goodwill of the Plaintiff’s operation, etc., and agreed to compensate the Plaintiff for the amount of KRW 10 million invested by the Plaintiff as additional rental deposit. Thus, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 10 million.

B. The Defendant asserted that the Defendant agreed to substitute the Plaintiff’s deposit amount of KRW 30 million for KRW 19 million as of December 23, 2014, KRW 4 million as of March 5, 2015, and KRW 33 million as of February 31, 2015, on the ground that the Defendant lent money to the Plaintiff for the purpose of operating the C, and ultimately acquired the said company from the Plaintiff. The Defendant asserted that the Defendant did not have a duty to compensate the Plaintiff for additional deposit deposit of KRW 10 million.

2. The following circumstances revealed in light of the following circumstances, i.e., (i) the Plaintiff acquired a company E, which held a deposit deposit of KRW 20 million on August 27, 2014, with a factory located in Busan District on September 5, 2014, with a deposit of KRW 30 million, monthly rent of KRW 1 million, and KRW 36 months on a deposit of KRW 30 million, monthly rent of KRW 1 million, and KRW 36 months due to the circumstances in which the Plaintiff operated the company on July 2015, and transferred the company’s facilities and the Plaintiff’s lease claims against the Plaintiff’s G, and (ii) the Defendant did not dispute that the Plaintiff would pay KRW 30 million on a deposit of KRW 30 million in lieu of the deposit of the Plaintiff’s deposit of KRW 30 million in lieu of the deposit of the Plaintiff’s facilities and the Plaintiff’s G around July 2015.