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Reasons
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(영문) 서울중앙지방법원 2015.12.11 2014가단5185379
약정금
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1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly share to the Plaintiff (Counterclaim Defendant) KRW 21,000,000 and KRW 1,00,000 among them.

Reasons

1. The primary facts and counterclaims shall also be deemed to exist.

A. Defendant C paid KRW 5,00,000 per unit on the 14th day of each month, and the amount between KRW 100,000,000 and KRW 190,000 according to the sequences (the later increase in the net amount) was organized by the sequences of 26 (26).

The Plaintiff joined the limit organized by Defendant C and paid the sum of KRW 180,000,000 from July 2, 201 to February 2013.

B. Defendant B joined the said sequence No. 6 as above (hereinafter “instant sequence”) organized by Defendant C and received KRW 102,00,000 from August 2012. From March 14, 2012 to March 14, 2014, the sum of KRW 65,000,000 (= KRW 5,000,000 x 13 months) was paid.

C. However, as the limit organized by Defendant C was all strikeed on or around March 2013, Defendant C decided to settle the limit amounting to KRW 240,00,000 out of the total amount of KRW 377,000,000 (No. 25, 187,000,000, No. 26, No. 190,000,000) that was to be received by the Plaintiff between the Plaintiff and the Plaintiff on March 11, 2013.

(hereinafter “instant settlement agreement”). D.

On April 12, 2014, with respect to the repayment of the instant settlement amount, the Plaintiff and Defendant C transferred to the Plaintiff KRW 65,000,000,000 (hereinafter “instant settlement amount claim”) totaling the credit amount to be received by Defendant C from Defendant B each 14th day of the 14th day of each month, and Defendant C paid to the Plaintiff the amount to be paid to Defendant C at that time.

E. Since then, Defendant B paid totaling KRW 44,00,000 to the Plaintiff from April 15, 2013 to December 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment on the main claim

A. Defendant C is obligated to pay to the Plaintiff the remainder of the settlement amount of KRW 21,00,000 according to the instant settlement agreement.

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