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(영문) 대전지방법원 2014.11.14 2013가단51633
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,975,422 and the interest rate of KRW 20% per annum from December 18, 2013 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant (mutual name: C) was the manager of “E (hereinafter “E”) opened in the second exhibition room from July 27, 2012 to August 26, 2012, which was offered approximately 80 points to be used for the instant exhibition from the Plaintiff (mutual name: H) who was the representative director of F of the Plaintiff Company F to G (hereinafter “instant exhibition”). The Defendant’s representative agent offered approximately 80 points to be used for the instant exhibition. (2) On July 23, 2012, in order to verify the Plaintiff’s agent, J, G, and K Co., Ltd.’s representative director L, which is the Plaintiff’s agent, around July 23, 2012, agreed to transfer the Plaintiff’s claim amounting to 27% of the sales amount of the admission ticket sold through the Plaintiff’s sales company of the instant exhibition (hereinafter “instant agreement”).

3) Notwithstanding the instant agreement, the Defendant did not transfer the Plaintiff’s claim against the sales company of admission tickets. From August 9, 2012 to August 31, 2012, the Defendant was fully paid KRW 51,760,824, in total, from Ethiatia Co., Ltd., Ltd., a sales company of admission tickets, and from Ethiopic tickets, the sales price of admission tickets of KRW 51,760,824. [The grounds for recognition] entry in each of subparagraphs 1 through 8, and the purport of the entire pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 13,975,422 won (i.e., 51,760,824 wonx0.27, less than won) equivalent to 27% of the sales of the above admission ticket in accordance with the instant agreement, and damages for delay calculated at the rate of 20% per annum from December 18, 2013 to the date of full payment, as the Plaintiff seeks, at the request of the Plaintiff.

(2) On February 1, 201, there is no evidence to acknowledge the fact that the Defendant is liable to pay the Plaintiff money exceeding the above KRW 13,975,42.

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