beta
(영문) 서울서부지방법원 2019.09.27 2019가단201320

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as KRW 150,000 among them, with the interest rate of KRW 150,000 from July 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On January 11, 2018, the Plaintiff and the Defendant jointly opened, operated, and liquidated “D” located on the Dongjak-gu Seoul Metropolitan Government C and the first floor (hereinafter “instant contract”) with the following terms and conditions (hereinafter “instant contract”).

A) As to the above contract, a notary public has been authenticated by Ministry E, etc. for the purpose of establishing and early operating a pharmacy under Article 1 (Expenses for the Establishment and Initial Operation of Pharmacies), the Plaintiff shall withdraw KRW 150 million, and the Defendant shall withdraw KRW 100 million, respectively, until January 12, 2018. Article 2 (Priority of Plaintiff) ① The Plaintiff and the Defendant shall determine whether to continue the operation of the pharmacy at the end of three months after the opening of the country ( April 30, 2018). ② The determination on whether to continue the operation of the pharmacy under the preceding paragraph shall have priority on the Plaintiff, and the Defendant shall continue the operation of the pharmacy or liquidate the Plaintiff at the Plaintiff’s option. ① In the event that the Plaintiff has decided to suspend the operation of the pharmacy under Article 2, the Defendant shall pay KRW 150 million,000,000 and KRW 300,000,000,000,000,000 won to the Defendant under the contract.

B. On April 30, 2018, the Plaintiff notified the Defendant that he would suspend the operation of the pharmacy, demanding payment of KRW 180 million pursuant to Article 4(1) of the instant contract.

C. (1) Meanwhile, around January 12, 2018, the Plaintiff borrowed KRW 150 million from F, and, on May 14, 2018, decided to repay the principal of KRW 150 million plus interest of KRW 160 million until May 14, 2018. However, the Plaintiff was unable to pay KRW 160 million to F on the wind that the Defendant did not pay KRW 180 million. (2) On June 19, 2018, the Plaintiff drafted a letter with F as follows.

On January 10/12, 2018, the Plaintiff borrowed KRW 150 million from F twice twice on January 10, 2018, and the principal and interest until May 14, 2018.