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(영문) 서울동부지방법원 2019.10.25 2017가단19983
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,246,590 and the interest rate of KRW 12% per annum from August 26, 2017 to the date of full payment.

Reasons

1. The following facts are found to be without dispute between the parties, or recognized in full view of Gap evidence Nos. 3, 4, and Eul evidence Nos. 2 and 7 and the purport of the whole arguments.

A. On January 9, 2017, the Plaintiff entered into a cooperative agreement with the Defendant on the sales agency of Internet services and additional services, and mobile goods (hereinafter “Internet services, etc.”) (hereinafter “instant contract”).

The plaintiff under the contract of this case shall receive fees from the defendant in return for attracting customers and managing the Internet service, etc. for the defendant, and where the damage occurs to the customer or the defendant or where the occurrence of the damage is objectively and objectively anticipated due to the plaintiff's cause attributable to the plaintiff, the defendant may withhold or claim the return of the fees (Article 7 of the contract). In the case of the termination of the contract, the defendant may recover or set off

(Article 8) of the Agreement was fixed.

B. The instant contract was terminated on February 24, 2017, and the Defendant did not pay KRW 30,246,590 out of the fee to the Plaintiff.

C. Meanwhile, the Defendant concluded a contract similar to the instant contract with the Nonparty “C” (hereinafter “Nonindicted Company”) and received fees from the Nonparty Company in return for attracting customers and managing customers for the Nonparty Company.

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff unpaid fees of KRW 30,246,590 and delay damages at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 26, 2017 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order, which is the day of service of the original copy of the instant payment order.

3. The defendant's defense is an agreement on the payment of penalty by the non-party company falling under the defendant's "contribute company" and one year.

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