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(영문) 부산지방법원 2016.03.30 2015가합5371
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 210,00,000 and the interest rate of KRW 15% per annum from November 15, 2015 to the date of full payment.

Reasons

1. On March 19, 2013, and November 11, 2013, the Plaintiff entered into a partnership agreement with the Defendant on two occasions, and the Plaintiff agreed to invest the partner’s money to the Defendant, and to pay the Plaintiff the profit by the 10th day of each month.

On March 19, 2013, the Plaintiff paid KRW 110 million to the Defendant, and KRW 100 million to the Defendant on November 11, 2013. The Defendant paid only the proceeds up to March 10, 2015 and did not pay the proceeds for two months thereafter.

According to Article 7 of the Agreement on the Partnership of Enterprises on November 11, 2013, the term “where the Defendant fails to pay the Plaintiff profits from the partnership of at least twice (two months)” was set as the grounds for termination of the Agreement on the Partnership of Enterprises, and accordingly, the Plaintiff notified the Defendant of the termination of the Agreement on the Partnership of June 5, 2015.

The defendant is obligated to pay to the plaintiff 20 million won with 15% interest per annum from the day following the day when the original copy of the payment order in this case is served to the day of complete payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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