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(영문) 춘천지방법원 원주지원 2018.06.05 2017가단32939
약정금
Text

1. The Defendant’s KRW 17,981,087 as well as the Plaintiff’s annual rate of 6% from June 8, 2017 to June 5, 2018, and the following.

Reasons

Basic Facts

A. On May 30, 2016, the Plaintiff entered into an entrusted operation contract with the Defendant under which the Defendant would operate C and pay fees to the Plaintiff (hereinafter “instant entrusted operation contract”).

B. The contract provisions related to this case in the entrusted operation contract of this case are as follows.

Article 1 (Term of Contract) The term of contract shall be one year from May 30, 2016 to May 29, 2017.

A person entrusted under Article 3 (B) (B) shall be fully responsible for the repayment of approximately KRW 10,000,000 of the outstanding amounts for each business entity that occurred before May 30, 2016 and the repayment of all outstanding amounts generated from the conclusion of a contract until the termination of a contract.

All civil and criminal liabilities incurred when the outstanding amount is outstanding shall be granted to the trustee (B), and upon termination of the contract, the trustee (B) shall submit to the truster (A) all the transaction parties, along with a certificate of full payment of the outstanding amount and a statement of final transaction date.

Article 4 (Payment of Entrustment Fees) A person entrusted (B) shall deposit 500,000 won of the Commission monthly into the Agricultural Cooperative Account of the trustor (A), which shall enter into force from July 2016 until the termination of the contract.

Article 5 (B) A person entrusted with other public charges or rents arising during the term of the contract shall be liable for the payment of such various public charges or rents.

- Rents, various public charges, business card payments, vehicle installments, return and payment of value-added tax, etc. - Various public charges and rents up to the last business day at the time of termination of the contract shall be settled and paid by the entrusted (B).

[Ground of recognition] The defendant unilaterally indicates his/her intention to terminate the contract on April 4, 2017 and does not pay the outstanding amount, fees, rents, and various public charges under Articles 3 through 5 of the instant consignment operation contract.

Therefore, the defendant is therefore the plaintiff.

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