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(영문) 서울중앙지방법원 2015.01.23 2014가합563667

약정금

Text

1. The Defendants are jointly and severally liable for 272,00,000 won and 5% per annum from July 1, 2014 to September 30, 2014.

Reasons

1. The Defendants’ determination as to the cause of the claim are as follows: (a) between the Plaintiff and the Plaintiff on August 30, 2013 with respect to the tort infringing the Plaintiff’s copyright by illegally reproducing the tekla Strucres program; (b) the Defendants are jointly and severally liable to pay the Plaintiff KRW 272 million for damages incurred to the Plaintiff by infringing the copyright; and (c) the Defendants jointly and severally liable to pay the Plaintiff KRW 136 million purchase (34 million purchase of the techloroethyl ether al. on September 15, 2013, KRW 134 million, KRW 34 million, KRW 4 million, KRW 2000,000, KRW 2500,000,000 to the Plaintiff; and (d) the Defendants are not obligated to pay the said 300,000,000,000 won to the Plaintiff for non-performance of their respective obligations within the said period of KRW 282,00,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the penalty for breach of contract amounting to KRW 272 million and the damages for delay calculated by the rate of 5% per annum as prescribed by the Civil Act from July 1, 2014, the following day after the deadline for final agreement, to September 30, 2014, which is the day after the duplicate of the complaint in this case was served on the Defendants, and 20% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.