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(영문) 서울중앙지방법원 2020.10.16 2019가단5227551

약정금

Text

1. As to the Plaintiff A’s KRW 170,000,000 and its KRW 20,000 among them, the Defendant shall pay KRW 150,00,000 from October 1, 2014.

Reasons

1. Facts of recognition;

A. The plaintiff A (hereinafter referred to as the "Plaintiff A") who is a Russian is the representative of the plaintiff company that is a Russian corporation.

B. Around February 26, 2014, Plaintiff Company entered into a contract with D Co., Ltd. (hereinafter “Nonindicted Company”) with the following content.

1) The non-party company designates the Plaintiff Company as an exclusive seller in the course of Russian discharge with respect to products such as eco-friendly paint produced by the non-party company. 2) The Plaintiff Company shall pay KRW 200 million to the non-party company simultaneously with the conclusion of this contract to secure the above exclusive right.

C. The plaintiff A prepared the above KRW 200 million, which was paid to the non-party company on the date of conclusion of the above contract.

However, the above contract was terminated after July 2014, and the non-party company was obligated to pay KRW 150 million out of the above KRW 200 million and the delay compensation amount to KRW 20 million. On September 2, 2014, the defendant prepared a written statement of performance with the following contents to the plaintiff A on September 2, 2014, and made a written statement of performance with the face value of KRW 170 million and KRW 170 million on October 30, 2014.

The defendant, as the new president of the non-party company, shall pay on behalf of the non-party company the debt of KRW 170 million (including interest in arrears of KRW 20 million) that the non-party company has to pay before his/her appointment, and shall pay the remainder of KRW 150 million until September 30, 2014, and the remainder of KRW 150 million until October 30, 2014.

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. According to the above facts, barring any special circumstance, the defendant is 12% per annum as prescribed by the Commercial Act from October 1, 2014 to October 31, 2014 to the delivery date of a copy of each of the complaint in this case from October 20, 2020, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the following day to the day of complete payment.