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(영문) 서울중앙지방법원 2020.01.17 2018가단5079717
약정금
Text

1. Defendant B and Defendant D jointly share KRW 80,000,000 and KRW 40,000 among them to the Plaintiff.

Reasons

1. Basic facts

A. On August 15, 2017, the Plaintiff entered into a purchase agreement with Defendant B Co., Ltd. (the trade name before the alteration was “F,” but was changed to “Co., Ltd. B” on February 19, 2018; hereinafter “Defendant Company”) on KRW 500,000, the Defendant Company paid to the Plaintiff an amount in accordance with the discount rate agreed upon with the Plaintiff during the contract period. Upon the termination of the contract, the Plaintiff returned the card that was not used by the Plaintiff to the Defendant Company and the Defendant Company paid KRW 50,00,000 to the Defendant Company on August 15, 2017.

B. In addition, the Plaintiff purchased a set of card equivalent to KRW 10,00,000 from the Defendant Company on November 14, 2017, and paid KRW 30,000,000 to the Defendant Company each of the following details: (a) purchased a set of card equivalent to KRW 30,000,000 on November 24, 2017 (hereinafter “the second contract”); and (b) subsequently, paid KRW 10,00,00 on November 14, 2017 to the Defendant Company, respectively.

C. However, the Defendant Company paid only KRW 10,000,000 to the Plaintiff, even though it received refund of KRW 60,000,000,000, which is the maturity date of the first contract and the second contract.

In addition, on February 24, 2018, which was the due date of the third contract, the amount of KRW 30,000,000,000 did not have been refunded for the card and the card purchase contract that was not used equivalent to KRW 30,000 on February 26, 2018.

Meanwhile, in the corporate register of the defendant company from May 19, 2017 to February 19, 2018, G is registered as an internal director whose representative is its representative, and from February 19, 2018 to February 19, 2018 by the defendant C as an internal director whose representative is its representative.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Defendant Company, Defendant D, and Defendant D.

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