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(영문) 부산지방법원 2016.08.19 2015가단47224

위약금

Text

1. The Defendant shall pay to the Plaintiff KRW 31,413,941 as well as KRW 22,514,696 among them, from July 12, 2016 to the day of full payment.

Reasons

1. The facts following the facts of recognition do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 7 and the whole purport of the pleadings as a result of the response to the order to submit taxation information by the court on North Korea's tax official;

1) The Plaintiff (former Company : 2009da14575) filed a lawsuit against A to seek compensation for damages arising from a breach of the contract with the Busan District Court 2009da14575. 2) In the lawsuit above, “A shall pay the Plaintiff KRW 35,00,000 to the Plaintiff, but the remaining KRW 15,00,000 shall be paid until August 14, 2010 until September 14, 2010, respectively. If A is due for each of the above payment dates, each of the above payments shall be paid in addition to damages calculated at the rate of 20% per annum from the following day to the date of full payment.”

B. On June 29, 2009, Busan District Court 2009Kadan12559, Jun. 29, 2009, prior to the filing of the above lawsuit, the Plaintiff seized the claim and seized the claim 13,017,248 won against A’s defendant (the former trade name before the change: the Korea Education Foundation) by taking the claim as the right to preserve, and making the claim as the right to preserve, provisional seizure of the claim (hereinafter “the provisional seizure order of this case”).

(2) On October 21, 2010, the Plaintiff issued a provisional seizure order against the Defendant on July 1, 2009 and became final and conclusive around that time. In addition, the Plaintiff transferred the provisional seizure of the instant claim to the Defendant as the preserved right by adding the sum of KRW 35,915,068 (interest and interest up to October 14, 2010) based on the decision of recommending the settlement of this case as Busan District Court 2010TT31591, October 21, 2010, as the preserved right after the decision of recommending the settlement of this case became final and conclusive. In addition, the Plaintiff additionally seized KRW 22,987,820 against the Defendant as the principal and interest of the instant provisional seizure and seized KRW 35,915,068, = 068.