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(영문) 서울중앙지방법원 2017.11.23 2016가단5215953
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 55,463,709 and interest rate of KRW 25% per annum from September 7, 2016 to the date of full payment.

Reasons

1. The following amounts for the determination of the cause of the claim: 60,000,000 Won 60,000 shall be borrowed on condition that the above amounts are:

1. The above money is used for the leased expenses of the real estate brokerage office office (hereinafter “instant office”) operated by the Defendant in Sejong-si.

2. The Plaintiff shall pay KRW 20,000,000 on November 11, 2013, and KRW 40,000,000 on December 15, 201 of the same year to each Defendant’s financial account.

3. In order to secure the fulfillment of the obligation under the instant agreement, the Defendant entered into a contract by designating the name of the lessee as the Plaintiff in the lease agreement for the instant office.

4. The Defendant shall pay to the Plaintiff an amount equivalent to 30% (it shall be changed to 50% by mutual agreement on January 21, 2014) out of the operating revenues of the real estate brokerage business establishment each month until the date on which the above loans are fully repaid, and the amount of operating revenues to be paid to the Plaintiff shall be at least 30,000,000 won.

5. The repayment date of the loan shall be June 30, 2014.

On November 11, 2013, the Plaintiff entered into an agreement with the Defendant as follows and paid to the Defendant KRW 20,000,000 on November 12, 2013, and KRW 40,00,00 on January 22, 2014, respectively. The main contents of the “garment” prepared at the time of the agreement are as follows:

(hereinafter referred to as the “instant arrangement”) B.

Under the instant agreement, the Plaintiff paid each of the Defendant KRW 20,000,000,000 on November 12, 2013, and KRW 40,000,00 on January 22, 2014.

C. On November 26, 2013, the Defendant concluded a lease contract with the Plaintiff as the lessee to set the lease deposit amount of KRW 100,00,000 with respect to the instant office as the period from April 1, 2014, and paid the said deposit for the period of KRW 100,000,000 with respect to the instant office, and suspended the real estate brokerage business in the instant office around 2016.

On the other hand, on September 6, 2016, the Plaintiff was 45,300.

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