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(영문) 서울동부지방법원 2018.11.15 2017가단103574
약정금
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly and severally with the Plaintiff (Counterclaim Defendant) KRW 134,800,000, and the aforementioned amount shall be borne by the Plaintiff (Counterclaim Defendant) on July 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in wholesale and retail business by-products in Seongdong-gu Seoul Metropolitan Government, Defendant B is a person who engages in livestock products distribution business in Defendant B, and Defendant C is the sle of Defendant B.

B. While the Plaintiff and Defendant B had become an employee of the same industry and became aware of each other on November 201, 2013, they organized the number system with Defendant B as an owner of the same industry. The content was from November 10, 2013 to July 10, 2015, with the maturity of 21 units, and at the same time, five million won per unit in principle, and if a fraternity who has already received an amount of fraternity paid an additional amount of KRW 800,000 per unit interest, it was the amount of interest calculated by calculating the total amount of KRW 150,000 per month until the month when the sequence was based on the basis.

C. When organizing a fraternity, the Plaintiff joined a total of 4 units, including 4, 11, 18, 20 units, and 4 units, and thereafter, agreed to take over 3 units, excluding 1 units, excluding 1 units, 6 and 19 units, 19 units, 19 units, 3, 17 units, and 9 units from H who joined two units, including 19 units, 17 units, and 17 units, and the Defendant B agreed to take over 9 units.

Defendant B issued an order by organizing the sequences and contents of the fraternitys to be received by the Plaintiff. Accordingly, around September 10, 2014, Defendant B paid the fraternitys KRW 17.2 million and KRW 11.1.2 million equivalent to the 16 consecutive fraternitys around February 10, 2015, as agreed to the Plaintiff, but did not pay the fraternitys even after the sequences from the last order 18,19,20,21 up to the 18,19,20,21.

The amount to be deducted from the amount to be received by the Plaintiff is KRW 250,520,000 (63.8 million x 4 times), and the Defendant B is a number of times of KRW 120,40,000 out of the above amount to the Plaintiff.

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