beta
(영문) 청주지방법원 2019.10.16 2019가단6751

권리금

Text

1. The Defendant shall pay to the Plaintiff KRW 16,535,976 and the interest rate of KRW 12% per annum from July 12, 2019 to the day of complete payment.

Reasons

1. Determination as to the assertion on the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1, the Plaintiff’s transfer of DD operated by the Plaintiff in the C market to the Defendant at KRW 85,000,000 for premiums, around April 28, 2019.

(B) The defendant's assertion that the amount of premium agreement is KRW 50,000,000 or less is clearly stated in the record of the recording, and it is difficult to reverse the above only by the descriptions in subparagraph 1 to 3 of the evidence No. 1.

According to the above facts, the defendant is obligated to pay to the plaintiff 16,535,976 won in the balance of the premium (=85,000,000 won in the premium - 50,000,000 won in the repayment amount - 5,964,024 won in the defendant's subrogated repayment to the non-party E - 12,50,000 won in the payment of the payment order in this case to the non-party 12,50,000 won in the annual rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the delivery date of the payment order in this case to the day

The plaintiff's assertion is justified.

2. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.