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(영문) 서울고등법원 2016.11.11 2016나2028666
약정금
Text

1. All appeals filed by the plaintiff and defendant B are dismissed.

2. Of the appeal costs, E, F, the litigation of the Plaintiff and Defendant Net C.

Reasons

1. From around 1996, the Plaintiff: (a) introduced a customer to whom he/she is bound to perform his/her contract; and (b) around 2003, the Plaintiff received the introduction fee equivalent to 40% of the price of the performance of the contract from the Defendant B in return for the introduction.

On July 20, 2012, Defendant B agreed to pay KRW 450,000,000 to the Plaintiff from 2003 to mid-2012 as a customer fee for the period of time from 2003 to mid-2012 to December 31, 2012.

[Based on the recognition, Gap evidence No. 1 (written evidence, and according to the result of the appraiser Eul's seal appraisal of the court of first instance, it is recognized that the seal affixed on the right side of the defendant B's name is based on the defendant Eul's seal imprint, and thus, the authenticity of the entire document is presumed to have been established. Defendant B issued the plaintiff around July 16, 2012 with the certificate of the defendant Eul's seal imprint affixed on the above certificate, and the plaintiff issued the plaintiff a seal imprint affixed on the above certificate to the effect that he forged the above certificate by forging the certificate of the defendant B's seal imprint affixed on the plaintiff's seal imprint affixed to the above certificate. However, the statement No. 8, some testimony of the witness E of the court of first instance is insufficient to recognize it, and there is no other evidence to prove it differently) and No. 2, each statement

2. Determination as to the cause of action

A. According to the facts as seen earlier prior to the determination of the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the agreed amount of KRW 450,000,000 and delay damages therefor, barring any special circumstance. Meanwhile, the Plaintiff is a person who received KRW 37,464,00 from Defendant B around July 25, 2012, and the Plaintiff is a person who received KRW 37,464,00 from Defendant B the agreed amount of KRW 412,536,00,000 (= KRW 450,000,000 - KRW 37,464,000) and its payment date following the above agreed payment date, and there is a considerable dispute as to the existence or scope of the above Defendant’s obligation from January 1, 2013 to April 8, 2016.

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