(영문) 서울북부지방법원 2020.02.12 2019나1068

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(영문) 서울북부지방법원 2020.02.12 2019나1068

약정금

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

Reasons

1. Basic facts

A. From June 2016, the Plaintiff lent money to the Defendant several times, and has received the principal or interest of the said loan from the Defendant from time to time.

B. On May 4, 2017, the Plaintiff and the Defendant concluded an agreement with the following content (hereinafter “instant agreement”) by providing the Defendant with the purchase cost for the sales of goods, such as new placing, etc. (hereinafter “instant project”).

- The plaintiff provides the defendant with the cost of purchasing goods, and sells the goods purchased by the defendant.

- 40% of the proceeds from the sale of goods (other than the cost of goods) shall be distributed to the Plaintiff, and 60% shall be distributed to the Defendant.

C. The Defendant decided to purchase a new letter, etc. from C for the instant business, and pursuant to the instant agreement, the Plaintiff transferred KRW 1,000,000 to the bank account in the name of the said C on May 4, 2017, and KRW 2,00,000,000 for the same month, and KRW 2,00,000 for the same month by each account transfer.

Upon the Plaintiff’s request on May 11, 2017, the Defendant: (a) prepared and delivered a cash payment note stating that “within one month the Plaintiff would pay KRW 4,00,000 paid to C in cash pursuant to the instant agreement; (b) KRW 1,600,000 of the business profit of the instant case to the Plaintiff within two months (hereinafter “payment note of May 11, 2017”); (c) upon the Plaintiff’s request on July 4, 2017, the Defendant: (a) prepared and delivered to the Plaintiff, “the Plaintiff was 4,00,000,000 won from the Plaintiff on May 4, 2017; and (c) on July 14, 2017, the date of repayment was able to pay the principal and interest to the Plaintiff as security by July 4, 2017.”

F. The Defendant paid to the Plaintiff money from June 24, 201 to April 10, 2017, 200 to KRW 100,000,00, except several times from June 24, 201 to April 10.

In addition, the Defendant entered into the instant agreement with the Plaintiff.

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