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(영문) 서울중앙지방법원 2019.04.11 2018나33120

약정금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant shall pay 45,520,000 won to the Intervenor succeeding to the Plaintiff and this.

Reasons

1. Grounds for this court to state in a judgment of the first instance;

1. On May 31, 2018, the Plaintiff’s succeeding intervenor acquired the preferential right under the instant trust agreement with the Plaintiff from the Plaintiff on May 31, 2018, and the Plaintiff notified the Defendant of the preferential right transfer on June 18, 2018, and the following [based grounds for recognition] evidence No. 17 of “A No. 18, 22, 23, and 24” are the grounds for the judgment of the first instance, and this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion, the Defendant is obligated to pay the Plaintiff’s Intervenor damages for delay calculated at each rate of KRW 45,520,00 and 15% per annum under the Commercial Act from August 11, 2015 to May 2, 2018, which is the date the first instance court decides that it is reasonable that the Defendant’s claim for the payment of the dividend amount of proceeds from August 1, 2015, which is the day following the date when the Defendant received a claim from the Plaintiff for the payment of the dividend amount of proceeds from the Defendant’s demand for the settlement of trust fees from the Plaintiff.

Therefore, the claim of this case that the plaintiff succeeding intervenor succeeded in the trial of the court shall be quoted within the above scope of recognition. Since the plaintiff succeeding intervenor participates in the lawsuit and the plaintiff withdraws from the lawsuit, the judgment of the court of first instance is modified as above. It is so decided as per Disposition.