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(영문) 서울중앙지방법원 2015.07.10 2014나41369
약정금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall jointly and severally serve as the Plaintiff KRW 3,906,946.

Reasons

1. Facts of recognition;

A. On January 17, 2012, the Plaintiff delegated the process of civil and criminal cases to Defendant Corporation (Attorney in charge) and paid 45 million won as a commission to the Plaintiff.

B. On August 10, 2012, the Plaintiff and Defendant C agreed to terminate the above delegation on behalf of the Defendant Corporation as an attorney at the Defendant Corporation, and the Defendants jointly and severally returned to the Plaintiff KRW 40 million as damages. However, the Defendants agreed to pay KRW 13 million up to September 30, 2012; ② up to October 31, 2012; ② up to KRW 13 million up to October 31, 2012; ③ the remainder of KRW 14 million up to November 30, 2012.

(B) The sum that the Plaintiff would receive from the next day shall be hereinafter referred to as the “instant contract”).

The Plaintiff returned KRW 3 million from Defendant C on November 27, 2012, and KRW 5 million on March 15, 2013, and appropriated the said amount to the principal on the basis of the due date for payment. D.

The Plaintiff received reimbursement of KRW 21 million from the Defendants as part of the instant agreed amount, and KRW 10 million on April 21, 2015, from the Defendants.

[Reasons for Recognition] Facts without dispute or Gap evidence 1-2, Gap evidence 2, 3, 4, 5, 7, and 1-1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendants are jointly and severally liable to pay the balance of the contract amount of this case and damages for delay thereof.

Therefore, there is no evidence to deem that there was an agreement between the parties on appropriation, and if the parties have made an application for appropriation of appropriation in the order of Article 479(1) of the Civil Code (the delayed damages include the interest of Article 479(1) of the Civil Code, the details thereof are as shown

Therefore, the Defendants jointly and severally pay to the Plaintiff the agreed amount of KRW 3906,946 as well as KRW 11 million from April 22, 2015, the following day following the repayment of the agreed amount of KRW 3,906,946, which is deemed reasonable for the Defendants to dispute as to the existence or scope of the obligation to implement the instant case from April 22, 2015.

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