약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. On October 1, 2008, the Plaintiff engaged in the publication and sale of books (1) concluded a transaction agreement between the Defendant and the Defendant to supply the Plaintiff’s reference form of publication to the Defendant from October 1, 2008 to September 30, 2009 (hereinafter “instant agreement”).
(2) The Plaintiff supplied the Defendant with a reference document pursuant to the instant agreement.
After the transaction is terminated, the outstanding amount against the defendant is stated as KRW 52,645,886 on the plaintiff's trading ledger.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
B. According to the above findings of recognition, the Defendant is obligated to pay the Plaintiff the outstanding transaction amount, KRW 52,645,886 under the agreement of this case, and delay damages.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion (1) The Defendant did not pay the outstanding amount to the Plaintiff in full, and (2) even if the outstanding amount is available, there is the outstanding amount.
Even if the plaintiff's obligation against the defendant is extinguished after the extinctive prescription expires, the plaintiff's claim cannot be complied with.
B. According to the evidence and evidence Nos. 1, (1), (1) and (1) of the judgment below, the defendant set up, on November 12, 2008, the maximum debt amount of No. 65 million won against No. 104 and No. 1001 of Pakistan-si B apartment 104 and no. 1001 of the judgment of the court below in order to secure the payment of the transaction price to the plaintiff under the agreement of this case, the plaintiff set up the right to collateral security, the plaintiff, the debtor's right to collateral security, and the land and buildings on the land of Pakistan-si and its ground (the plaintiff and the defendant have been engaged in continuous transactions prior to the agreement of this case), respectively, on July 8, 2003.