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(영문) 서울서부지방법원 2019.08.22 2019가단213521
약정금
Text

1. The Defendant’s KRW 42,900,000 as well as the Plaintiff’s annual rate of KRW 15% from May 2, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On August 26, 2016, the Plaintiff entered into a contract on consignment sales with the content that the Plaintiff would pay a certain percentage of consignment sales fees to the Defendant, if the Plaintiff supplied the materials to the Defendant to the beauty room, etc. on August 26, 2016, with the name of Seodaemun-gu Seoul Building C, the 2nd floor “D”, and the 2nd floor “D”.

B. On December 2017, the Plaintiff and the Defendant confirmed that the Defendant’s sales contract for consignment was terminated and that the unpaid amount was KRW 45,000,000,000, and that the Defendant paid the Plaintiff the said KRW 45,000,000 each month from December 20, 2017 to December 20, 202 (not less than KRW 5,000,000 each year). The Plaintiff and the Defendant agreed not to raise an objection (hereinafter “instant installment payment agreement”) to the Plaintiff even if the Plaintiff were to have immediately paid the unpaid amount in installments on two consecutive occasions without any delay in payment.

C. Of the above KRW 45,00,000, the Defendant paid only KRW 2,100,000 from January 24, 2018 to November 22, 2018, and did not repay the remainder.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. According to the above facts, the Defendant lost its duty to pay the installment payments under the instant installment payment agreement on two consecutive occasions, and barring any special circumstance, barring any special circumstance, the Defendant’s statutory interest rate under the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from May 2, 2019 to May 31, 2019, on the record that the Plaintiff is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff.

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