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(영문) 서울동부지방법원 2017.11.16 2017가단4608

합의금

Text

1. As to the Plaintiff’s KRW 90 million and its KRW 40 million, the Defendant shall be annually from August 21, 2016 to May 4, 2017.

Reasons

1. Facts of recognition;

A. On March 25, 2016, the Plaintiff entered into a service contract with the Defendant, who is an agent of the “Neocheon-si Regional Housing Association Development Project” under the tentative name of 614-2, Shincheon-si, Chuncheon-si.

B. After that, on July 11, 2016, the Plaintiff agreed with the Defendant as follows.

1) In relation to the above service contract, the Defendant shall refund KRW 50 million, out of KRW 100,000,000,000,000 to the Plaintiff until July 25, 2016, and the remainder of KRW 50,00,000,00 to the Plaintiff by August 20, 2016. (2) The Defendant shall be able to commence the said service contract (or services that can be commensurate with the creation of profits from the existing service business) as a compensation claim against the Plaintiff by October 30, 2016.

Provided, That where it is impossible to perform such obligation, the defendant shall pay 50 million won to the plaintiff as compensation for damages.

C. The defendant did not allow the plaintiff to commence the above service contract by the above deadline, or was impossible for the plaintiff to start the above service contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant is entitled to KRW 60 million, which the plaintiff was paid out of the above agreed amount of KRW 150 million to the plaintiff, as claimed by the plaintiff, and the plaintiff is entitled to KRW 1.5 million.

B. (1) Of the KRW 100,00,000,000,000,000 on July 25, 2016 and the due date for payment (which shall be appropriated for KRW 10,00,000,000,000,000,000 on August 20, 2016) as to the remaining KRW 90,000 and KRW 40,000,000,000,000 following the above due date, 5% per annum under the Civil Act from August 21, 2016 to May 4, 2017, which is the delivery date of a duplicate of the complaint in this case, and 15% per annum as stipulated under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, with respect to KRW 50,000,000 after the due date, the copy of the complaint in this case sought by the Plaintiff.