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(영문) 서울중앙지방법원 2019.07.02 2018가단5211481
청산금
Text

1. The Defendant’s KRW 36,778,172 as well as the Plaintiff’s annual rate of 6% from March 21, 2018 to August 27, 2018, and the following.

Reasons

The facts of the cause of the instant claim are identical to the facts stated in the attached Form, which are either no dispute between the parties or can be recognized by the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 13 (including additional numbers).

Therefore, the defendant is obligated to pay to the plaintiff 36,778,172 won as liquidation amount and damages for delay calculated at the rate of 6% per annum under the Commercial Act from March 21, 2018 to August 27, 2018, the service date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

The Defendant unilaterally calculated the settlement amount.

or the contract period was unilaterally added to one year.

Although there is no evidence to acknowledge that the amount equivalent to KRW 33 million has not been reflected in the settlement money even if the amount was received as dividends, there is no evidence to acknowledge it.

The above argument of the defendant is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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