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Reasons
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(영문) 의정부지방법원 2019.04.30 2018가단12827
대금
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1. The Defendant’s KRW 13,00,000 and the Plaintiff’s annual rate of KRW 6% from August 25, 2018 to April 30, 2019.

Reasons

1. Basic facts

A. From July 2015, the Plaintiff is operating an entrusted management business, such as a return dog, etc., with the trade name “D” in Nam-si, Namyang-si.

The plaintiff set the commission per day to KRW 15,00 for small dogs, KRW 20,00 for small dogs, KRW 25,00 for medium dogs, KRW 25,00 for medium dogs, and KRW 30,00 for large dogs.

B. Upon introduction by Nonparty E, the Defendant entrusted the Plaintiff with the abandonment dog from April 2015 to June 18, 2018.

[Evidence A] Evidence Nos. 1 and 8

2. Determination on the cause of the claim

A. The plaintiff asserts that the commission fee that the defendant did not pay is KRW 47,250,00.

On the other hand, the defendant asserts that since the rapid increase in the number of the consignment dogs around May 2015, the consignment fee has not been determined as a fixed amount, the consignment fee has been settled at KRW 20 million at the time of termination of the consignment contract, and the defendant paid KRW 7 million among them.

B. Determination: (1) On June 8, 2018, the Plaintiff demanded the payment of KRW 30 million to the Defendant and Nonparty E on the high place of delivery; (2) the Defendant was unable to reach the settlement agreement on the wind that the Defendant would accept KRW 20 million (the witness E’s testimony); (3) the Plaintiff and the Defendant transferred KRW 1 million to the Plaintiff on June 14, 2018 (Evidence 6); (4) the Plaintiff and the Defendant paid KRW 5 million to E’s arbitration on June 18, 2018, and paid KRW 14 million to the Plaintiff on July 5, 2018; and (5) the Defendant agreed to the Plaintiff on June 28, 2018 (Evidence 6); and (4) the Defendant entrusted the settlement of KRW 80 million to the Plaintiff on June 18, 2018 (Evidence 500,000,0000,000 to the end of August 25, 2018).

3. Accordingly, the defendant's remaining commission fees of 13,00,000 won (=20,000,000 - 7,000,000) and the plaintiff with respect thereto.

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