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(영문) 제주지방법원 2020.05.12 2019가단9278

약정금

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1. The Defendant’s KRW 42,500,000 as well as the Plaintiff’s annual rate from April 1, 2019 to November 18, 2019, and the following.

Reasons

The Plaintiff and the Defendant entered into a business agreement with the Plaintiff to jointly operate the futures shop (hereinafter “instant futures shop”) from July 1, 2018, and invested KRW 60,000,000. On January 2, 2019, the Plaintiff and the Defendant agreed to terminate the said business, and the Defendant paid KRW 50,000,000 to the Plaintiff at the same time when the instant futures shop was sold and sold, and KRW 30,000,000, and KRW 20,000,000 upon receipt of the refund of the deposit money for the said futures shop, the Defendant promised to pay the Plaintiff in full, regardless of whether it was sold, by March 30, 2019, and the Defendant paid KRW 7,50,000 to the Plaintiff by August 29, 2019, or recognized the entire purport of the pleadings and evidence as a whole.

According to the above facts, the defendant is obligated to pay to the plaintiff 42,50,000 won agreed upon (=the agreed 50,000,000 won - the repayment of KRW 7,50,000) and as requested by the plaintiff, 5% per annum under the Civil Act from April 1, 2019 to November 18, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.