beta
(영문) 서울동부지방법원 2018.08.23 2016가합109466

약정금

Text

1. Defendant B shall pay to the Plaintiff KRW 263,750,000 as well as 15% per annum from November 16, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B may receive KRW 597,500,000 from the Plaintiff, “50 million won per month, and KRW 33,400,000 per month, and KRW 500,000,000 per month shall be paid KRW 597,50,00.5 million shall be paid to the Plaintiff. The Defendant B proposed to the effect that, in the event of sending to one month a half of the amount to be paid, KRW 16.7 million will be paid later, half of the amount to be paid, KRW 597,50,00,000 per

B. From September 18, 2014 to November 18, 2015, the Plaintiff paid to Defendant B a total of 250 million won over 15 times, and Defendant B paid KRW 50 million under the name of Defendant C who is the husband: D and period: From September 18, 2014 to December 18, 2015; hereinafter referred to as “the instant accounts”).

) After joining the Plaintiff, part of the money remitted from the Plaintiff was paid as a deposit for the instant fraternity. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 5 (which has a serial number) and the purport of the entire pleadings, including a serial number.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Defendant B made monthly payments of KRW 16.7 million equivalent to half of the entire accounts of the instant accounts, Defendant B agreed to pay KRW 298.75 million, which is half of the total amount to be received on December 18, 2015, to the Plaintiff on December 18, 2015. The Plaintiff paid KRW 250 million to the Defendant B in total on 15 occasions pursuant to the said agreement.

However, since December 18, 2015, Defendant B paid 35 million won in total to the Plaintiff on two occasions after December 18, 2015, and did not pay 260,375 million won in total.

Therefore, Defendant B is obligated to pay the Plaintiff the above KRW 263.7 billion.

B. Defendant B joined several fields of accounts operated by Note D, and among which, among them, Defendant B failed to receive KRW 54.5 billion from December 18, 2014, which was intended to receive on December 18, 2014, and was unable to receive KRW 100 million, and even thereafter, Defendant B was unable to receive the said amount of accounts from another fraternity, which offsets the said amount of accounts by the said amount of accounts.