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(영문) 서울중앙지방법원 2019.04.24 2018가단5216608
약정금 등 청구의 소
Text

1. The Defendant shall pay KRW 33,359,00 to the Plaintiff the annual rate of KRW 15% from November 1, 2018 to the date of complete payment.

Reasons

Basic Facts

The defendant is a legal entity that operates the Mamart’s trade name on the Gangnam-gu Seoul Building and the 1st underground floor, and the plaintiff is a person who operates the Mamart’s Mamart’s Mamp (hereinafter “Mamart”).

Around December 2017, the Plaintiff agreed to pay to the Defendant a deposit of KRW 100,00,000,000 to the Defendant and to pay the Plaintiff the remainder of the Plaintiff’s net income (hereinafter “settlement”) after deducting the Defendant’s monthly rent and fee from the sales from the Defendant’s own land width by the end of each month until December 11, 2017, if the Defendant makes payments through the account settlement set up by the Defendant.

The Plaintiff paid KRW 100,000,000 to the Defendant in accordance with the above agreement, and received monthly settlement payments from the Defendant as a result of operating the instant marina, and agreed with the Defendant on July 6, 2018 to settle various expenses on the end of October 31, 2018.

After completing the operation of the instant marina on October 31, 2018, the Defendant paid to the Plaintiff KRW 100,000,000 and the unpaid settlement amount, and the Plaintiff did not pay the purchase price of KRW 33,359,000 to the Plaintiff on December 2, 2017.

[Grounds for recognition] There is no dispute, and according to the above facts, Gap evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 13, and the judgment of the court below as to the ground for claim as a whole, the defendant shall be the plaintiff.

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