(영문) 서울중앙지방법원 2019.09.20 2019가합506645

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(영문) 서울중앙지방법원 2019.09.20 2019가합506645

약정금

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1. Plaintiff (Counterclaim Defendant) Co., Ltd.: (a) 30,943,137 won and its related amount to Defendant (Counterclaim Plaintiff) C Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiffs are companies that continued to be supplied with goods by Defendant C and accordingly paid the price of goods to Defendant C, and Defendant D is the representative director of Defendant C.

B. From January 1, 2016 to December 21, 2017, Defendant C, by claiming an excessive amount of the purchase price of goods to the Plaintiffs, additionally received the purchase price of KRW 617,679,698 in total from the Plaintiffs. 2) In this regard, the Plaintiffs, the Defendants, and E (the executives of Defendant C) drafted an agreement on December 21, 2017 (hereinafter “instant agreement”).

The main contents of the instant agreement include that “(i) Defendant C shall pay to the Plaintiffs KRW 300,00,000 as agreed money, and the method of payment thereof shall be set off against the obligation to pay goods to the Plaintiffs to the Defendant C. ② Verification is that the amount of damages incurred to the Plaintiffs due to the excessive claim by Defendant C for the price of goods is KRW 617,679,698, and that Defendant C shall pay KRW 30,000,000 each month from January 1, 2018 to the Plaintiff, and the said amount of damages shall be paid to the Plaintiffs from January 2018, and the Plaintiffs shall be paid to the Plaintiffs, and the said amount of damages may be appropriated as the price of goods to be paid to Defendant C.”

3) Defendant D jointly and severally guaranteed all obligations owed by Defendant C pursuant to the instant agreement. 4) Of the contents of the instant agreement, the contents relating to the instant case are as follows.

Article 2 (Compensation for Damages) (1) From January 1, 2016 to the date of the preparation of this Agreement, Defendant C makes profits by claiming excessive amount of the price of goods from January 1, 2016, and thereby confirms that the amount of damages inflicted on the Plaintiffs is KRW 617,679,698.

(2) Compensation for damages under this Article shall not affect the agreed amount under Article 3, separate from the agreed amount under Article 3.

Article 3 (Agreement Payment) Defendant C shall pay KRW 300,000,000 as a separate agreement from the damages under Article 2.

Article 4 (Methods of Payment)

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