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(영문) 창원지방법원 2015.11.19 2015가단12126

약정금

Text

1. The Defendant: (a) KRW 150,00,000 for the Plaintiff and KRW 20% per annum from May 21, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1) Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 3, the plaintiff paid KRW 200 million to the defendant on February 23, 2005 as the subsidies for the production of CGame, and the defendant prepared a cash storage certificate to the effect that 200 million won should be preserved to the plaintiff on the same day. In addition, on February 23, 2005, the defendant promised on the plaintiff on February 23, 2005 that "in borrowing KRW 200 million, 34,000 won should be released according to the number of sales of C Game machine produced by the plaintiff, and the defendant agreed to pay dividends to the plaintiff on the fifth day of the following month after settling the end of each month. In addition, if the collection of principal is inevitable, 200 million won should be recovered and returned in full to the plaintiff on the 5th day of each month. The defendant's obligation to collect and pay the principal amount from the plaintiff as the developer under the Civil Law No. 2000 million won should be paid to the plaintiff.

Even if the plaintiff paid KRW 200 million as an investment deposit, as alleged by the defendant, as long as the defendant prepared a cash storage certificate and a statement of performance as seen earlier to the plaintiff, if the plaintiff requests the return of principal, the defendant shall be deemed to have agreed to return it to the plaintiff.