약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. The Defendant, who had been operating the telecom, borrowed KRW 200,000 from the Plaintiff and acquired the telecom in both States C (hereinafter “the telecom”).
B. On August 9, 2012, the Defendant leased the instant her lease deposit to the Plaintiff (around 200,000,000, the lease term of which was set from August 31, 2012 to August 31, 2014, respectively (a lease contract stating that the lease contract is formally monthly rent of KRW 2,00,000).
At the same time, the Plaintiff and the Defendant agreed that the Plaintiff shall operate the instant Moel, and that the Defendant shall pay the Plaintiff KRW 4,000,000 each month as profits, and that the remainder of profits will have.
C. On October 12, 2012, the Plaintiff (i.e., KRW 50,000,000) paid due date to the Defendant on October 12, 2013, and (ii) lent the interest at KRW 1% per month (= KRW 500,000 per month).
In August 2016, the Defendant sold the instant cartel to a third party, while the lease of the instant cartel was implicitly renewed.
E. From August 2012 to October 201 of the same year, the Plaintiff shall be paid KRW 4,500,000 each month from the Defendant’s payment of KRW 210,000,000 (the sum of the proceeds stated in Paragraph (b) and the interest specified in Paragraph (c) from November 2012 to July 2016). The Defendant paid KRW 65,650,000 to the Plaintiff.
F. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 144,350,000 (=210,000,000 - KRW 65,650,000) and damages for delay stated in the purport of the claim.
2. Facts of recognition;
A. On August 9, 2012, the Defendant: (a) leased the instant Moel to the Plaintiff KRW 200,000,000; (b) monthly rent of KRW 2,00,000; and (c) period of lease from August 31, 2012 to August 31, 2014, respectively, respectively.
B. On August 9, 2012, the Plaintiff and the Defendant agreed that the Plaintiff shall operate the instant telecom, with the Plaintiff’s experience in managing the telecom, and that the Defendant shall pay to the Plaintiff KRW 4,000,000 on a fixed basis every month.
C. The Plaintiff on October 12, 2012