위약금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
1. The facts following the facts are acknowledged as follows: (a) there is no dispute between the parties; or (b) evidence No. 1 and No. 2; and (c) the overall purport of the pleadings
A. On October 1, 2013, the Defendant delegated the Plaintiff with debt collection amounting to KRW 200,000,000 against B.
B. The Defendant agreed on the fee for debt collection at 33% (including value-added tax) of the collected amount, while the Defendant unilaterally agreed with B or terminated the above delegation contract, paid the Plaintiff the amount equivalent to the agreed fee for the total contract amount with penalty.
(hereinafter referred to as the above penalty, the original text of the penalty shall be deemed as "the payment of penalty upon the unilateral agreement of the creditor (the defendant) or upon the termination of the contract shall, in any case, be paid an agreed fee for the total contract deposit." (C).
On February 26, 2014, the Defendant deposited KRW 42,00,000 in the Defendant’s account from the husband C at the risk of the Plaintiff’s objection, and C specified the recipient of the said money as the Defendant’s two persons, and deposited KRW 5,00,000 in the name of the Defendant, KRW 6,000,000 in the name of D, and KRW 31,00,000 in the future of E.
They agreed to waive the remaining claims. D.
Of the above KRW 42,00,000, the Defendant paid KRW 1,650,000 to the Plaintiff as a fee for KRW 5,00,000 deposited in its own name.
2. According to the facts of paragraph (1) of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff penalty of KRW 66,00,000 ( KRW 200,000,000) plus KRW 1,650,000 ( KRW 0.33), plus KRW 89,562, which the Plaintiff was paid through the auction procedure for corporeal movables owned by the Plaintiff, separately from KRW 64,260,438 ( KRW 66,00,000 - KRW 1,650,000 - KRW 89,562).
3. Judgment on the defendant's defense
A. The terms and conditions subject to the Act on the Regulation of Terms and Conditions 1 are, regardless of their name, form or scope.