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(영문) 서울중앙지방법원 2019.02.28 2018가단5124662
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 3,631,00 and interest rate of KRW 15% per annum from May 10, 2018 to the date of complete payment.

Reasons

1. Although the Defendant bears the obligation to pay the Plaintiff KRW 3,284,31,00, the sum of KRW 3,631,001, and KRW 3,631,000 from October 31, 2017 to November 30, 2017, and KRW 346,690, and KRW 3,284,311 from December 301 to February 2018, there is no dispute between the parties as to the unpaid payment. The Defendant is liable to pay the Plaintiff KRW 3,631,00 and any delay damages calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 10, 2018 to the day after the original copy of the instant payment order was served.

2. As to the remainder of claims

A. As to the claim of KRW 8,650,865 in proportion to the proportional distribution of the development costs of Group N, the Plaintiff entered into a contract for the development of the Group N System to be used in the entire E Group including the Plaintiff with D Co., Ltd. on March 7, 2017, and the Defendant (F), including the Defendant (the telegraph F), agreed to bear the development costs in proportion to each of the calendars of the E Group E including the Defendant (the telegraph F), thereby seeking payment of KRW 8,650,865 in proportion to the development costs.

However, it is insufficient to recognize that the statement of evidence Nos. 5 and 6 submitted by the Plaintiff alone was sufficient to recognize that the Defendant (F) agreed to allocate the above development costs, and there is no other evidence to recognize it. The Plaintiff’s claim for this part is without merit.

B. With respect to the claim for electricity charges of KRW 8,742,920, the Plaintiff paid the electricity charges to the Plaintiff on the ground that the nominal owner of the electricity supply contract entered into with the Korea Electric Power Co., Ltd. in relation to the warehouse warehouse operated by the Defendant, and the amount of the said fees has been repaid from the Defendant. The Defendant sought the payment of the said amount on the ground that the sum of the electricity charges of KRW 8,742,920 was unpaid on February 2, 2018 and March 3, 2018, and thereafter, the said amount was thereafter collected through a preparatory document dated October 24, 2018.

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