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(영문) 의정부지방법원고양지원 2019.04.25 2018가단93355

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 67,252,00 and 5% per annum from April 1, 2017 to April 25, 2019.

Reasons

1. Basic facts

A. During the period from 2014 to 2015, Nonparty E was supplied with the “G” product from the F operated by Defendant B. However, during the sale of the said product in the home shopping, Nonparty E was unable to sell any defect any longer.

Accordingly, the E Co., Ltd and the Defendant B agreed to return the remaining benefits in sequence.

B. Around October 2015, E Co., Ltd and Defendant B confirmed that the volume of the goods to be returned was KRW 2671, the amount of KRW 203,508,000, and the settlement was to be completed by November 31, 2015. The method of return agreed by E Co., Ltd. to resell the said goods to F operated by Defendant B.

C. Around July 2016, E Company closed its business and transferred the right to the Plaintiff.

The Plaintiff and Defendant B agreed that the return amount shall not be paid, and 50% of the remainder 196,000,000 won, excluding the amount paid until November 4, 2016, shall be paid until December 31, 2016, and the remainder 50% shall be paid until March 31, 2017, and 12% of the annual damages shall be paid if not paid by the due date, and Defendant C and D jointly guaranteed the above obligation of Defendant B.

E. Since then, the Defendants paid the Plaintiff KRW 117,50,000 in total, including KRW 10,000,000 on March 24, 2017, KRW 100,000 on July 27, 2017, and KRW 7,500,000 on August 18, 2017.

F. Meanwhile, it became clear that the amount equivalent to KRW 11,248,000, out of the quantity of return was excessively calculated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally return 67,252,00 won (i.e., 196,00,000 won - 117,500,000 won for over-payment - 11,248,000 won for over-payment - 11,248,000 won from the date following the date of the above contract payment to April 25, 2019, as the plaintiff seeks, from April 1, 2017 to the date of the above contract payment.

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