beta
(영문) 수원지방법원 안산지원 2018.06.21 2017가합9531

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2012, the Plaintiff and the Defendant: (a) acknowledged that the Plaintiff and the Defendant have the right to operate the D Center in Jung-gu Seoul Metropolitan Government D Center each by 50%; (b) concluded, instead of the Defendant’s decision, a contract under which the Plaintiff will pay KRW 5 million to the Plaintiff each month from July 1, 2012 (hereinafter “instant operating agreement”).

B. According to the instant operational contract, the Defendant paid KRW 69,135,350 to the Plaintiff in total from August 10, 2012 to November 10, 2014.

C. On July 18, 2016, the Plaintiff transferred 50% of the shares in the D Center’s operating rights to E.

Defendant and E agreed to recognize the Defendant’s D Center’s share of KRW 150 million on the same day as KRW 100,000,000 and determine E on the operation of D Center’s programs, etc. in return, that E pays KRW 1 million per month to the Defendant from August 2016 to March 2017, and KRW 4 million per month from April 2017.

(However, they agreed that E has the right to pay KRW 150 million to the defendant and purchase the defendant's operating right shares).

E is operating the D Center from July 19, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 5, 8, Eul evidence Nos. 3, 4, and 6 (including each number), the purport of the whole pleadings

2. Determination

A. The facts that the Plaintiff and the Defendant concluded the instant operational contract around June 20, 2012 are as examined in the foregoing basic facts.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 170,864,650,00,000 (=48 x 5,000,000) out of the total amount of 48 months agreed upon from July 1, 2012 to July 18, 2016, excluding KRW 69,135,350, which the Defendant had already paid to the Plaintiff pursuant to the instant operational contract.

B. As to the judgment on the defendant's defense, the defendant borrowed KRW 300 million to the plaintiff.