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(영문) 수원지방법원 2019.10.16 2018가합23806
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 2, 2018, the Defendants entered into an agreement with the Plaintiff to pay the agreed amount on the grounds of the violation of the Korea Federation Agreement developed by Defendant F on the grounds of violation of the said agreement, etc. The Defendants agreed that “the Defendants shall jointly and severally pay to the Plaintiff an aggregate of KRW 530 million until July 25, 2018, KRW 10 million until October 25, 2018, KRW 100 million until October 25, 2018, and KRW 330 million until December 30, 2018, and KRW 30 million until December 30, 2018, the Defendants shall pay the unpaid amount until the due date is lost, and damages for delay calculated at the rate of KRW 15 per annum from the day after the date of loss of the benefit of the deadline to the date of full payment” (hereinafter “instant agreement”).

[Ground of recognition] Unsatisfy, Gap evidence No. 15, the purport of the whole pleadings

2. Pursuant to the agreement of this case, the Plaintiff only claims against the Defendants for payment of the agreed amount of KRW 530,000,000 as well as damages for delay.

However, according to the purport of Eul evidence No. 1 and the entire argument, the plaintiff (H) is recognized that the plaintiff (the plaintiff) agreed with the defendants to receive 8.925% of the shares of the non-party I corporation in lieu of paying the above agreed amount (the plaintiff did not make any reflect on the above agreement). Accordingly, the plaintiff's claim is without merit.

3. If so, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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