(영문) 서울중앙지방법원 2019.10.23 2018가단5250202

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(영문) 서울중앙지방법원 2019.10.23 2018가단5250202

추심금

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1. The Defendant’s KRW 132,248,638 as well as the Plaintiff’s KRW 15% per annum from December 1, 2018 to May 31, 2019.

Reasons

Basic Facts

On August 30, 2016, the Defendant, including the conclusion of a fund management agency contract, entered into a contract with D (hereinafter referred to as “D”) and F (hereinafter referred to as “F) Co., Ltd. (hereinafter referred to as the “F”) that operated the project of implementing a typoid for foreigners’ exclusive use in Korea (hereinafter referred to as “the instant typoid for foreigners”), and entered into a contract for vicarious performance of fund management affairs related to the said implementation (hereinafter referred to as “the instant agency contract”).

The provisions relating to this case of the agency contract of this case are as follows.

Article 3 (Duties and Duties) D) D, the defendant, and F shall faithfully perform their duties, duties, and responsibilities falling under any of the following subparagraphs:

2. The roles and duties of the defendant;

A. Opening a fund management account in the name of the defendant for the management of the funds related to the project in this project (hereinafter “the account for the management of sales revenue”).

(b) Financial management, such as the receipt, management, operation and execution of proceeds from sale;

(c) Article 6 (Management of Funds) (2) Payment of all project costs out of the revenues deposited in the account for management of sales revenues under the name of the defendant, as a fund manager.

by written consent of the Administration and F, and the time of enforcement shall be the execution by the Defendant, and the time of execution by the Defendant shall be written statement

Within five business days from the date of receipt of the request.

- Not more than - - Notwithstanding the provisions of paragraph 2, the Fund shall be executed solely by the defendant with respect to the following subparagraphs, and D and F shall not raise any objection to the defendant:

Taxes and Public Charges

B. The defendant's substitute fee for this contract

C. Article 7 (Order of Execution of Funds for Management of Proceeds from Sale) (1) In the event of competition between enforcement items in the execution of funds, the defendant shall pay the following expenses, which the defendant considers necessary to respond to the lawsuit, preservative measure, and compulsory execution.

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