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(영문) 서울남부지방법원 2016.05.17 2015가단244955

약정금

Text

1. The Defendant’s KRW 27,00,000 as well as 6% per annum from November 14, 2015 to January 28, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 18, 2015, the Defendant entered into a soup agency contract with the Plaintiff as a corporation aimed at delivery agency business.

B. After November 11, 2015, the Defendant agreed to pay KRW 27,00,000,000 to the Plaintiff for making soup, so that the Plaintiff would immediately make soup.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 27,00,000 as well as damages for delay at each rate of KRW 6% per annum under the Commercial Act from November 14, 2015 to January 28, 2016, which is the day following the date of payment, to which the duplicate of the complaint in this case was served on the Defendant, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. As to the judgment on the Defendant’s assertion, the Defendant alleged that KRW 2,00,000,000, which the Plaintiff sought, constitutes an amount of non-performance stipulated in the agency contract, but there is no evidence to acknowledge it. However, the Defendant’s assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.