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(영문) 울산지방법원 2014.10.31 2014가단8072

약정금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 100,000,000 and its payment from April 1, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1, 2-1, and 2, the defendant operated the living information branch company "D" in the building located in Busan Metropolitan City. On September 11, 2008, the defendant transferred the above company to the plaintiff's brokerage around September 22, 2008, and around that time, the defendant agreed to pay the plaintiff KRW 200,000,000,000,000,000 won, and KRW 300,000,000,000,000,000,000,000 won to the plaintiff (hereinafter referred to as the "agreement").

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 100 million after deducting KRW 200,000,000 paid to the Plaintiff at KRW 300,000,000.

2. The defendant's defense and counterclaim;

A. The defendant alleged that he did not delegate his business affairs regarding the transfer of the above living information site company to the plaintiff, so the agreement of this case was set forth as remuneration by the office manager, and in light of the business affairs performed by the plaintiff during the process of transfer, the above remuneration is reasonable in terms of the principle of good faith and therefore the part in excess is null and void

Therefore, the plaintiff's main claim is without merit, and the plaintiff must return KRW 100 million out of KRW 200 million received from the defendant.

B. As seen earlier, the Defendant’s transfer of the above living information branch company in KRW 3 billion to the Plaintiff’s brokerage is not sufficient to acknowledge the Plaintiff’s transfer of the above living information branch company in KRW 3 billion. As to whether the remuneration of KRW 300 million as stipulated in the instant agreement is excessive compared to the Plaintiff’s business as much as the agreement becomes null and void, it is insufficient to acknowledge the transfer solely based on the written evidence No. 1, No. 1, 2, and

C. According to the theory of lawsuit, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim on the principal lawsuit is justified, and the defendant's counterclaim is dismissed as it is without merit.