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(영문) 수원지방법원 여주지원 2017.04.26 2015가단6502
약정금 등
Text

1. As to KRW 39,00,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff the year from February 17, 2015 to July 24, 2015.

Reasons

1. A receipt of the basic fact (investment agreement) receipt shall be received in the amount of KRW 50 million,00,000,000,000,000 to D-2 hotel E in Dongdaemun-gu Seoul. The defendant investor: the defendant will bring about 10% for the first month of the monthly sales (income) to the plaintiff, and 20% from the following month to the plaintiff.

A. On October 15, 2014, the Defendant prepared a certificate (Evidence A 1) with the following content and delivered it to the Plaintiff.

B. The Defendant and F prepared a document (Evidence A 3) stating that “The amount of investment KRW 50 million shall be paid up to January 15, 2015,” which states that “The amount of investment KRW 50,000,000,000,000,000 shall be paid up to the second-class hotel hotel (E),” and delivered to the Plaintiff.

C. On February 15, 2015, the Defendant: “20 million won”

2. 16. The account transfer shall be made on the 19.16.1,00,000 won, as soon as possible.

The document (Evidence A No. 2) stating “investment recovery” was prepared and delivered to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Defendant, on February 15, 2015, agreed on February 15, 2015, to pay KRW 20 million to the Plaintiff as soon as possible and KRW 19 million to the Plaintiff on February 16, 2015.

In the absence of special circumstances, the Defendant, with respect to the Plaintiff totaling KRW 39 million and KRW 20 million, 5% per annum prescribed in the Civil Act from February 17, 2015 to July 24, 2015, which is the day following the due date for repayment, to July 24, 2015, which is the day of delivery of a copy of the complaint in this case, 20% per annum from the following day to September 30, 2015, 15, 15% per annum from the next day to the day of full payment, 19% per annum from the next day to the day of full payment, and 20% per annum from the next day following the day of delivery of a copy of the complaint in this case, which is the day of delivery of a copy of the complaint in this case to September 30, 2015, and 19 million from the next day to the day of full payment.

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