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Reasons
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(영문) 서울동부지방법원 2020.01.17 2019나21783
약정금
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1. Of the judgment of the court of first instance, including the Plaintiff-Counterclaim Defendant’s claim on the principal lawsuit expanded by this court.

Reasons

1. Facts of recognition;

1. In recognition of the Plaintiff’s contribution to development investment, the Defendant shall pay KRW 13 (including value-added tax) to the Plaintiff for the sales of containers (except for the sales of containers only).

2. The commencement of payment of fees shall be from February 2, 2017 to the completion of the project;

Provided, That if the total amount paid is KRW 60 million, the contract shall expire.

3. The payment of fees shall be settled on the last day of each month and shall be paid in cash on the 15th of the following month.

On February 16, 2017, the Plaintiff entered into an agreement with the Defendant with respect to the sales machine and cooking business (hereinafter “instant agreement”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. As to the main claim

A. In accordance with the instant agreement, the Defendant, claiming the Plaintiff, is obligated to pay the Plaintiff the sum of the commission from January 2018 to October 2019, KRW 24,50,000, and the delay damages therefrom, pursuant to the instant agreement.

B. Determination 1) The Plaintiff asserts that KRW 10,50,000 should be paid in total for 12 months, calculated on the premise that the Defendant was the Defendant as KRW 875,00,00,00, the fee for the said period, as the fee for 6,7,8,10,10,11, December, 2018, and the fee for January through October 2018 (the fourth date for pleading in the first instance trial) is not a dispute between the parties (the date for pleading in the first instance trial).

However, the Defendant recognized the fee of KRW 14,00,00 as KRW 6,77,8,10,10,112, and January through October 2018 as KRW 14,00,00 for the fee from November 2018 to October 2019 is not deemed to have been KRW 875,00, and there is no other evidence to acknowledge the Plaintiff’s assertion.

However, according to the instant agreement, if the Defendant would pay KRW 13 per unit of container sales to the Plaintiff, as seen earlier, and the Defendant’s sales volume of the product from October 2018 to August 2019 corresponding to the corresponding portion.

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