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(영문) 수원지방법원성남지원 2015.08.19 2015가단15077
물품대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 55,775,962 as well as 20% per annum from May 5, 2015 to the date of complete payment.

Reasons

The Plaintiff intended to provide the Plaintiff with goods, such as ice cream, to support the pre-sale subsidy of KRW 30,00,000,000, the sales agreement amount of KRW 100,000,000. At the time, the Plaintiff agreed to return the remainder of money excluding the amount equivalent to the achievement rate of the pre-sale subsidy out of the pre-sale subsidy, if the Plaintiff becomes unable to engage in any transaction any longer due to closure of a place of business, etc. under the circumstance that the amount of the sales agreement was not achieved to the Plaintiff. The Plaintiff paid KRW 30,00,000 to B on August 20, 2013. The Plaintiff and Defendant 2 decided to suspend transactions after closing the existing place of business and opening a place of business in another region, and the Plaintiff and the Defendant 2 had no dispute between the Plaintiff and the Plaintiff as of December 31, 2014, and the Defendant had to pay the Plaintiff the total amount of 31,256,14,250.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 5,775,962 won (i.e., the unpaid amount of KRW 31,256,142 with advance payment of KRW 24,519,820) and damages for delay determined at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 5, 2015 to the date of full payment, as requested by the plaintiff.

Therefore, the plaintiff's claim will be accepted on the grounds of the reasons.

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