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Reasons
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(영문) 의정부지방법원 2016.01.06 2015나51297
약정배상금
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1. Of the judgment of the court of first instance, KRW 30,00,000 against the Plaintiff and its related thereto, from May 14, 2014 to January 6, 2016.

Reasons

1. Facts of recognition;

A. On November 1, 2013, the Defendant opened and operated Schlage (hereinafter “Dmart”) with the trade name of “Dmart” from 103, 104, and 108 to 122, 328.87 square meters of a building located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

At the time, E was operating a garment store (hereinafter “F store”) on the remaining 101, 102, 106, and 107 square meters of the above 1st floor.

B. On January 2014, the Defendant: (a) requested the Plaintiff engaged in distribution consulting business with the trade name “K” to introduce a person who will take over the DNA; and (b) agreed with the Plaintiff on February 23, 2014 with the following content:

(hereinafter referred to as “instant agreement”). “A” and “B” agree to sell the DNA (F store) in Seongbuk-gu Seoul Metropolitan Government L as the introduction of “B” and “B” at the time of selling and selling the DNA (F store) in Seongbuk-gu Seoul Metropolitan Government L as follows:

If “A” does not comply with this, it is agreed that “B” compensates “B” for 220,000 won (Won 220,000,000) of the amount to be paid to “B” as KRW 60,000 (Won 60,000,000) of the amount to be paid to “B”, two times the amount to be paid to “B” (Won 120,000,000).

【Minority】

1. Won deposit: 150,000 won (Won 150,000,000) or monthly tax: 5 million won (Won 5,000,000 won);

2. Deposit: 50 million won (Won 50,000,000) and monthly income: 4 million won (Won 4,000,000 won).

3. The premium shall be 220,000 won (Won 220,000,000) with Dart and F premium.

4. Of the premium of KRW 220 million (Won 220,000,000), KRW 160,000 (Won 160,000,000), the premium of KRW 1,60,000 (Won 160,000), the premium of KRW 60,000 (Won 60,000,000) was written as “Won 60,000 (Won 60,000,000)” and the premium of KRW 2 shall be written as “60,000 (Won 6,000,000)

the agent fee shall be paid to the “B” as the broker fee.

5. 160,000 won (Won 160,000,000) out of the premium paid to “A” (Won 160,000,000) shall be paid as the premium of F.

6. The 60,000 won (Won 60,000,000) of the brokerage commission shall be the down payment (1).

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