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(영문) 서울남부지방법원 2015.12.24 2015나52003
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. A. Around January 2013, the Plaintiff agreed with Defendant A, a representative director of Defendant B, (the trade name at that time was changed due to the trade name as of December 19, 2013; hereinafter “Defendant Company”), on behalf of the Defendant, to obtain permission for import of the Food and Drug Safety Agency (hereinafter “instant permission”) on behalf of the Plaintiff for DNA chloampampoo and shampoo (hereinafter “instant chloampoo”) that the Plaintiff would import from China under the name of the World Trade Company, and sell them in Korea, and the Plaintiff would pay the Defendant Company a consulting fee of KRW 5 million and incidental expenses.

(hereinafter “instant contract”). (b)

When the Defendant Company failed to obtain the instant permission from the Food and Drug Stabilization Agency, on August 26, 2014, the Defendant Company prepared a letter of commitment stating that “The Defendant Company shall return to the Plaintiff the total amount of KRW 14.25 million paid by the Plaintiff, including the consulting cost paid by the Plaintiff to the Defendant Company in relation to the instant permission, until that time, including the consulting cost of KRW 5,00,000,000,000,000 paid by the Plaintiff, which shall be paid in installments from August 2014 to the last day of each month, and if the Defendant Company would fail to pay the said payment at least twice, it shall lose all the benefit of the time” (Evidence 1-1, hereinafter referred to as “instant letter”), but did not pay all the installment payment.

C. Defendant B, after the “State A Representative Director B” of the instant undertaking, affixed the personal seal impression and issued the personal seal impression and the Defendant Company’s business registration certificate to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-1 to 3, purport of whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay KRW 14.25 million to the Plaintiff according to the agreement under the instant letter of undertaking.

B. As to the Defendants’ assertion.

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