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(영문) 서울동부지방법원 2016.10.20 2015가합110179

약정금

Text

1. The Plaintiff, Defendant B, and Defendant C, as Defendant C, KRW 45,000,00 and each of them on January 15, 2016. < Amended by Act No. 13068, Jan. 15, 2016>

Reasons

1. The part of the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

A. In light of the facts without dispute over the Plaintiff’s claim, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2, the Plaintiff and the defendant company entered into a contract for the management of salesroom occupants (specific terms and conditions of the contract are as indicated in the separate sheet; hereinafter “instant contract”) around March 2015; according to the instant contract from March 19, 2015 to April 6, 2015, the Plaintiff paid total of KRW 325 million to the defendant company; the defendant company started to operate the instant store from around May 2015 to around 2000; the defendant company notified the Plaintiff of the fact that it paid KRW 200 million to the Plaintiff within 5 billion upon the Plaintiff’s request from around July 2015, 2015, excluding the obligation to terminate the instant contract; and the fact that the Plaintiff paid KRW 500 million to the Plaintiff within 300 billion upon the expiration of the entrusted operation period of three months under the instant contract.

B. As to the assertion of the Defendant Company, the Defendant Company: (a) during the period of consignment operation for three months under the instant contract, the Plaintiff did not pay KRW 1.5 million per month to the Defendant Company under the proviso to Article 10 of the instant contract, even though it did not pay it, the Plaintiff is obligated to pay KRW 4.5 million to the Defendant Company; and (b) the Plaintiff is also obligated to pay the amount of KRW 4.5 million.