beta
Text
1. The Defendant’s KRW 21,030,684 as well as 5% per annum from July 9, 2014 to September 3, 2014 to the Plaintiff.
Reasons
1. Determination on the claim for agreed amount
A. The Plaintiff asserted (1) around June 2009, the Plaintiff entered into an agreement with the Defendant that “The Defendant invested KRW 50,000,000,000 each in the D branch offices of the Czetopy, and the Defendant manages and operates the said D branch offices and pays KRW 2,00,000 per month to the Plaintiff.”
(2) The Defendant is obligated to pay to the Plaintiff the remainder of KRW 36,00,000,000, excluding the remainder of KRW 14,000,000 that was already paid, out of the agreed amount of KRW 50,00,000, which was the aggregate incurred from June 2009 to June 201.
B. (1) According to the records in Gap evidence No. 4 and the plaintiff's personal examination result, according to the overall purport of the arguments, the plaintiff and the defendant invested KRW 50,000,000 each in the D branch office of Clototopy D around June 2009, and the defendant agreed to pay the plaintiff a monthly profit of KRW 2,00,000 (hereinafter "the agreement of this case") from January 2010. Meanwhile, the plaintiff was paid KRW 14,00,000 with the above agreed amount.
(2) If so, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 36,00,000,000, which was incurred from January 2, 201 to June 201, 200, the remainder of KRW 22,00,000,000, and its delay damages, excluding the above KRW 14,000,000.
C. (1) The Defendant’s assertion on the Defendant’s assertion (A) determined on the conditional agreement on the occurrence of income (A) and the Defendant’s assertion paid KRW 2,00,000 per month to the Plaintiff on the condition that the branch office of Clintotopia will generate income. Since the said branch office was operated in a timely state from June 2009 to June 201, the Defendant did not have a duty to pay the agreed amount to the Plaintiff during the said period.
(B) It is insufficient to recognize that the Plaintiff and the Defendant agreed to pay KRW 2,00,000 to the Plaintiff on the condition that the Plaintiff would incur revenue from the branch office of the Cintotopy D, only with the statement in the evidence No. 200,000, and there is no other evidence to acknowledge the agreement.