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(영문) 창원지방법원 2015.11.03 2015가단13099

약정금

Text

1. The Defendant’s KRW 23,073,093 as well as the Plaintiff’s annual rate of 5% from March 1, 2015 to November 3, 2015.

Reasons

1. The Plaintiff, who is engaged in food service with the trade name of “C”, entered into an agreement with the Defendant to refund the amount equivalent to the above food materials paid by the Plaintiff by February 28, 2015 (hereinafter “instant agreement”). Meanwhile, the fact that the amount of food materials not paid by the Plaintiff to the Defendant is equal to KRW 16,00,000,00,000, and the purport of the entire pleadings as a whole from the following day to the point of pleading No. 1 of evidence No. 39,073,093, which was paid in excess of KRW 16,000,000,000, which was paid in excess of KRW 16,000,000,000 among the food materials paid in excess of KRW 39,073,093,000,000,000,0000,000,000 per annum No. 15,315,000,00.

2. The defendant's argument as to the defendant's assertion is that the agreement of this case was forced by the plaintiff et al., and thus is revoked. However, there is no evidence to acknowledge that the agreement of this case was forced by coercion. Thus, the defendant's above assertion is without merit.

3. Conclusion, the plaintiff's claim is justified and acceptable.