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(영문) 수원지방법원 평택지원 2018.12.13 2018가단51797

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 3, 2017, the Plaintiff entered into a sales contract with the Defendant for the installation and supply of facilities and systems, such as screen air conditioners, ice scams, scams, and scams (hereinafter “instant facilities”) (hereinafter “instant sales contract”) in total price of KRW 150 million (the contract amount of KRW 40 million, the intermediate payment of KRW 40 million, the balance of KRW 70 million, and the remainder of KRW 70 million).

B. The Plaintiff, from August 24, 2017 to October 18, 2017, paid the Defendant a total of KRW 40 million on eight occasions, and agreed to pay the remainder KRW 110 million by borrowing the loan from C Co., Ltd. (hereinafter “C”).

C. On November 28, 2017, the Plaintiff and the Defendant drafted an agreement with the following content:

(hereinafter “instant agreement” or “instant agreement”). D. D. D., D., in this case, the Plaintiff (hereinafter in this case) and B (hereinafter in this case, the Defendant) agree with respect to the instant sales agreement as follows.

1. Where monthly sales are below 25 million won in total, Eul shall take over all of the facilities at the request of Gap;

2. The total acquisition amount of a facility under this Agreement shall be KRW 137,346,460.

3. In case where Eul takes over the installations, deposit shall be set at 40 million won and the monthly rent shall be 3.5 million won.

4. Where Eul acquires the facilities for the reasons referred to in paragraph (1), for the period of not more than one year (not later than December 31, 2018) from the commencement date of the business of Gap (not later than December 31, 2018), Eul shall, if requested, take over the facilities

5. The cost of installing air-conditioners in the facility shall be borne by the Corporation.

6. Gap and Eul agree exclusively to carry out the above matters at the time of lease occurrence.

The Plaintiff’s outstanding amount of KRW 70,00,000 as of November 29, 2017 and KRW 29,271 as of December 5, 2017, out of the remainder of the sales proceeds of this case 110,000,000 for loans received from C.