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(영문) 서울중앙지방법원 2017.01.20 2015가단5009106

약정금

Text

1. The Defendant’s KRW 81,760,550 among the Plaintiff and KRW 15,000 among them, shall be KRW 30,000,000 from March 1, 2013.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the descriptions of Gap evidence 1, Gap evidence 2, Eul evidence 3-1, 2, Gap evidence 4, Gap evidence 5, and Eul evidence 6.

The plaintiff is a person engaged in damage adjusting business due to an insured event, and the defendant company is a corporation engaged in damage adjusting business, etc. various insurance contracts.

B. On March 1, 2012, the Plaintiff and the Defendant Company operated “C” at the Plaintiff’s expense under the name of the Defendant Company, and performed the damage adjusting business in the metropolitan area. The Defendant Company entered into a “C Operational Convention” (hereinafter “instant operational agreement”) with the purport that the Plaintiff shall pay a certain portion of the damage adjusting fees deposited in the Plaintiff’s business performance to the Plaintiff. Accordingly, the Plaintiff performed the damage adjusting business in the metropolitan area from April 1, 2012 to October 31, 2012 while operating the Defendant Company C.

C. On October 2012, the Plaintiff and the Defendant Company agreed to terminate the instant operational agreement, and concluded the following agreements on October 26, 2012 (hereinafter “instant agreement”).

A: D, the joint and several sureties of Defendant Company D’s representative D: The Plaintiff’s continued seal of “A” operated by the independent debt accounting system, and “A”, as follows, shall take over C’s rights and duties at the time of the conclusion of this Convention and enter into this Convention, and shall enter into an agreement for C operation after the direct conclusion of this Convention:

1. “A” and “B” need not raise any civil or criminal objection or claim in relation to the operation of C after the conclusion of this Convention.

2. “A” and “B” shall be agreed upon at least 200,000,000 won between the parties, and on each of the following dates with respect to the remainder, other than the additional Ma1 obligations and the rent for lease and loan for use: