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(영문) 서울중앙지방법원 2019.04.10 2018가단22624
권리금 잔금 청구의 소
Text

1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from April 1, 2018 to April 16, 2018 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking into account the purport of evidence No. 1-2 of the argument as to May 22, 2017, the Plaintiff and the Defendant received a store of “D” on the Dongjak-gu Seoul Metropolitan Government and the first floor (hereinafter “instant store”) from the Defendant and entered into a contract to receive and transfer premium of KRW 70,00,000 ( premium of KRW 60,000,000, deposit money of KRW 10,000,000) (hereinafter “instant contract”). The Plaintiff shall pay interest of KRW 30,00,000 from the Defendant on May 22, 2017 to KRW 30,00 (the premium of KRW 20,000,000, deposit money of KRW 10,000,000, KRW 300,000 for each of the above 20,000, KRW 300,000 for the remainder of the contract to the Defendant on June 301, 2008.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 40,00,000 (=60,000 - KRW 20,000 for the premium of KRW 20,000 for the premium of KRW 20,000) and the damages for delay calculated at each rate of KRW 15% per annum under the Civil Act from April 1, 2018 to April 16, 2018, which is obvious in the record that the copy of the complaint of this case was served on the Defendant as of the date following the final due date, as requested by the Plaintiff, from April 1, 2018 to April 16, 2018.

2. The defendant's assertion is alleged to the effect that the contract of this case was concluded by the plaintiff's deception, but there is no evidence to prove the above assertion, and the defendant's above assertion is without merit.

3. Thus, the plaintiff's claim of this case.

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