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(영문) 광주지방법원 목포지원 2018.06.27 2017가단7437
약정금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts below the basis facts do not conflict between the parties.

On April 2015, the Plaintiff agreed to sublet up the D stores (hereinafter “instant stores”) to the Defendants for three years and delegate the operation thereof, and agreed to receive KRW 1.5 million monthly rent and KRW 1.3 million monthly fee from the Defendants.

(hereinafter “instant agreement”). From May 2015, the Defendants began to operate the instant store, and the instant agreement was terminated on November 2017.

The Defendants did not pay to the Plaintiff the fee from June 2016, and did not pay the fee to the Plaintiff, which was 6%.

At the time of the instant agreement as security deposit, the Defendants paid to the Plaintiff KRW 20 million, and KRW 20 million on June 16, 2016, respectively. The Defendants recovered KRW 20 million from the head office among them, and are expected to recover KRW 10 million from the head office, and the remainder of KRW 10 million is owned by the Plaintiff.

2. The assertion;

A. Pursuant to the instant agreement, the Defendants are obliged to pay the Plaintiff the rent and fee each 30 times from May 2015 to November 2017, 2017, respectively.

(5) From May 2015 to November 2017, 2017, a total of 31 minutes is deemed to have been sought. However, 20 times of rent and 9 times of fee were paid, and the Plaintiff did not exempt the Defendants from the portion of fee.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the rent and fee of KRW 42,300,000 (per 1.5 million won x 1.5 million (per 1.5 million won x 1.3 million) x 21) and the statutory damages for delay.

B. The Defendants were exempted from the Plaintiff’s obligation to pay fees from May 2015 and from June 2016 to June 2016.

Therefore, the Defendants are required to pay only 62,100,000 won to the Plaintiff (i.e., 12/12 of the commission from June 2015 to May 2016, 2016, KRW 46,500,000,000,000 from May 5, 2015 to November 2017). In sum, 64,400.

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