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(영문) 서울중앙지방법원 2020.08.19 2020가합541507
약정금
Text

1. The Defendant’s KRW 500,000,000 to the Plaintiffs and 5% per annum from December 23, 2019 to January 3, 2020.

Reasons

1. Basic facts

A. The plaintiffs are dentists, and the defendant is a dentist's license holder in Vietnam.

around November 2018, the Plaintiffs and the Defendant agreed to provide dental services and operate dental services in the Vietnamese Ho Si.

B. However, on September 7, 2019, the Plaintiffs and the Defendant concluded a written agreement with the Plaintiffs, which stipulates that they shall pay KRW 100 million or more within three months from the date of conclusion of the agreement, and that the Defendant shall pay KRW 100,000 to the Plaintiffs KRW 500,000 every two months until the total amount of payment is KRW 500,000 (hereinafter “instant agreement”).

C. However, the Defendant did not pay KRW 100 million by December 7, 2019, and the Plaintiffs notified that the benefit of time was lost to the Defendant on December 22, 2019, and the Defendant received the above notification on the same day.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the instant agreement, where the Defendant delays the payment of the agreed amount for at least 14 days, the Plaintiffs may notify the Defendant of the loss of the benefit of time, and the Defendant notified the Defendant is obliged to pay 5% delay damages from the following day to the Plaintiffs.

On December 22, 2019, there is no dispute between the parties as to the fact that the defendant did not pay KRW 500 million to the plaintiffs, and the fact that the defendant received notification of loss of benefit from the plaintiffs on December 22, 2019. Thus, the defendant is obligated to pay damages for delay calculated at the rate of 50 million per annum as stipulated in the Civil Act from December 23, 2019 to January 3, 2020, the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment, barring any special circumstance.

As to this, the defendant has taken over.

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