beta
(영문) 대구고등법원 2014.11.25 2014나766

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence 1 and 2 together with the whole purport of the pleadings.

The Plaintiff is a corporation established on January 24, 2013 for the purpose of supporting various projects necessary for the education, promotion of welfare, and promotion of rights and interests of D workers.

The defendant is a corporation with the aim of improving the economic and social status of its members through friendship and unity of D transport business operators who are its members.

B. On May 23, 2013, the Plaintiff agreed with the Defendant to contribute KRW 5,300,000,000, out of the establishment capital A (hereinafter “instant contribution”) to the Plaintiff, but concluded an agreement with the Defendant to make installment payments of KRW 147,22,22 on the last day of June from June 30, 2013 to the last day of June 36, 2013 (hereinafter “instant agreement”).

C. According to the agreement of this case, where the defendant did not pay his contribution more than twice, the defendant may lose the benefit of time and claim the amount unpaid by the plaintiff, and where the defendant delays the payment, the defendant shall pay damages for delay equivalent to 10% per annum and compensate for damages in the event of damages.

Of the contributions of this case as of November 25, 2013, the amount in arrears by the Defendant is KRW 195,425,000.

2. According to the facts acknowledged prior to the determination of the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 195,425,00 among the contributions under the instant agreement and the amount calculated by the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 3, 2013 to the date of full payment, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) E, the representative of the Plaintiff, is the FF Trade Union G Headquarters (hereinafter “G Headquarters”).

as the representative of the D Workers, and on behalf of the D Workers;