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(영문) 서울남부지방법원 2019.10.15 2019가단236532
약정금
Text

1. The Defendant’s KRW 187,200,000 and KRW 3,600,000 among the above money and KRW 187,20,000 from May 1, 2019 to KRW 3,60,00.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff entered into a management consignment agreement (hereinafter "the agreement of this case") with the defendant who runs a business specializing in supporting sales in the name of "C" and the defendant who runs a business specializing in supporting sales on August 18, 2017 to make an investment of KRW 1.80,000,000, the contract term from October 30, 2017 to October 30, 2019; the management consignment agreement (hereinafter "the agreement of this case") which the defendant intends to operate in the name of the plaintiff; the defendant shall pay the management fee of 3,60,000 won per month to the defendant on 30th of the following month; if the payment is not made, the plaintiff shall have the right to immediately terminate the contract; and the defendant shall not pay the management fee of this case to the defendant on March 4, 2019 and the plaintiff on April 29, 2019.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 187,20,000 per annum for KRW 187,200,000 (i.e., 180,000,000 investment) and KRW 3,600,000 for KRW 4.3,60,000 from May 1, 2019 to the date of full payment of KRW 3,60,000 from May 31, 2019 to the date of full payment of KRW 18% per annum for KRW 3,60,000 from May 31, 2019 to the date of full payment of KRW 30,00 (the date of the payment of management right is the 30th day following the following month, and the obligation to pay the Defendant the annual amount of KRW 180,000,000 from the following day of the instant lawsuit to the date of full payment of KRW 18% per annum for the Plaintiff to the Defendant.

Therefore, the plaintiff's claim against the defendant is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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