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(영문) 서울고등법원 2016.09.06 2016나2009153
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the amended portion as follows. Thus, it is acceptable in accordance with the main sentence of Article 420

2. The amended part of the judgment of the first instance is deemed to be “ March 9, 2012” as “ March 2013.”

From 8th of the first instance judgment, the first instance court's conduct 2 to 9th of the first instance judgment is followed as follows.

“2) Since the instant agreement decided whether to pay the agreed amount based on the quantity of aggregate taken out under the agreement, the amount settled between the Plaintiff and the Defendant as aggregate produced and supplied to B in the pertinent month, that is, in the following table, between the Plaintiff and the Defendant, the Defendant is obligated to pay to the Plaintiff the agreed amount KRW 45,000,000 as stipulated in the agreement in the instant agreement, in the case of the month below the 20,000 cubic meters per month based on the amount recorded in the column for the settlement of aggregate.

I would like to say.

Specifically, in light of the language and text of the agreement of this case, where the defendant's aggregate removal quantity does not reach 20,000 cubic meters, the defendant shall pay the fixed amount of KRW 45,00,000,000, which the defendant shall pay to the plaintiff as a result of the completion payment, and the amount of aggregate removal does not reach 20,000 cubic meters, the plaintiff shall separately claim the payment for the completion payment from the plaintiff, and the defendant shall pay the payment for the completion payment from the defendant for each actual shipment amount of 20,000 cubic meters, in the case of the month in which the settlement amount of aggregate is less than 20,000 cubic meters per month, the plaintiff may be paid the amount calculated by deducting the payment for the completion payment (based on the amount issued by the plaintiff to B

The particulars of this calculation are as follows:

The amount of tax invoices (A) issued for the settlement volume of aggregate between the preceding periods (hereinafter referred to as "A") shall be 20,000 22,286,136, 136 July 19, 2012; 20,327,50 20,672, 450, 12,075 13,827,827, 218, 318, 172, 782, 782, 202, 200, 200 June 24, 2012 (hereinafter referred to as "2,286, 136, 198; 20,327, 450, 12,075 13,827, 218, 172, 782, 18, 161, 34126.

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