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(영문) 서울서부지방법원 2017.09.27 2016가단243576
약정금
Text

1. The Defendant’s KRW 39,703,50 for the Plaintiff and KRW 5% per annum from September 10, 2016 to September 27, 2017.

Reasons

1. The parties' assertion

A. A. Around May 2016, the Plaintiff filed a claim for an agreement or unjust enrichment with respect to the sales of spawss (1) from the Defendant to pay KRW 1,000 for the profit of KRW 20,350,000 per unit by selling the spaws spaws swns swns swns swns swns swns swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn swn s

(2) From June 30, 2016 to August 19, 2016, the Plaintiff supplied the Defendant with an aggregate of KRW 156,003,50,000, to the Defendant. The Defendant paid only KRW 135,350,00 (including KRW 10,175,000, which was paid by the Defendant on August 31, 2016 following the filing of the instant lawsuit) to the Plaintiff and did not pay the remainder of KRW 20,653,50.

B. The summary of the Defendant’s assertion (1) did not agree on the claim for an agreement or unjust enrichment related to the sale of seeds, as alleged by the Plaintiff, between the Plaintiff and the Defendant on the sales of seeds, as otherwise alleged by the Plaintiff, and the Defendant decided to jointly make a distribution of profits by making a joint investment with respect to the “nantopy Maspact other than Antopy Masp,” but agreed not to take place any longer at issue, and returned totaling KRW 20,350,000 to the Plaintiff (=one hundred million each on August 26, 2016 and August 31, 2016). As such, the Plaintiff’s claim for this part is without merit.

(2) As to the claim for the payment of goods, such as cryptiles, ① the payment of the price of goods claimed by the Plaintiff to the Defendant was already made, and ② the Defendant is indicated in the preparatory document dated July 4, 2016 as “2015” around July 1, 2015, but it is apparent that it is a clerical error in the “2016” in light of the evidence No. 3-1 (e-mail as of July 1, 2016) related thereto.

7. 1. Around 1.00, around 1.00, an order was issued to the Plaintiff with a flaging machine amounting to KRW 10,000.

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