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(영문) 부산지방법원 동부지원 2018.04.26 2018가합100884 (1)
약정금
Text

1. The defendant shall be the plaintiff.

(a) KRW 12 million and KRW 4 million among them shall be from November 26, 2017 to KRW 4 million.

Reasons

1. As the reasoning of an additional judgment was omitted in the judgment rendered by the court on March 30, 2018 on this case, an additional judgment shall be rendered ex officio pursuant to Article 212(1) of the Civil Procedure Act.

2. Indication of claim; and

A. On March 2, 2015, the Defendant purchased 140,000 shares issued C from the Plaintiff, and 10,000 shares issued D/ KRW 1,40,000 from the purchase price.

B. On March 2, 2015, the Defendant agreed with the Plaintiff to pay to the Plaintiff KRW 480 million as of March 25, 2015, deducting KRW 920 million used by the Plaintiff as provisional payment from KRW 1.4 billion, and to pay to the Plaintiff KRW 480 million from March 25, 2015, the remainder of KRW 480 million as of March 25, 2015.

C. The Plaintiff seeks reimbursement of the total amount of KRW 12 million from November 26, 2017 to January 26, 2018 (=4 million won x three times) and damages for delay from the date following the repayment date for each of the above amounts. The Plaintiff also seeks payment of KRW 4 million from February 25, 2018 to February 25, 2025, that is, the agreed amount for which the due date has not arrived at the time of submission of the application for modifying the purport of the claim and the cause of the claim as of January 26, 2018.

3. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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