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(영문) 서울중앙지방법원 2015.08.25 2014가단260954
정산금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,915,712 and the interest rate of KRW 20% per annum from December 30, 2014 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The parties’ assertion asserts that the Plaintiff entered into a contract with the Defendant for an eco-friendly snow system joint project and carried out the joint project, and that the Defendant and the Plaintiff settled the Plaintiff’s profits at KRW 39,915,712 on April 9, 2012.

On April 9, 2012, the defendant asserts that the settlement agreed with the plaintiff is not a final settlement and a separate settlement is needed.

B. Around May 2013, the Plaintiff entered into a contract for a pro-economic snow joint project with the Defendant on the following terms (hereinafter “instant joint project”).

(2) Income distribution is distributed to the Defendant and 40% on April 9, 2014. (2) The Defendant provided the Plaintiff with the official seal of the Defendant’s representative director on the last settlement statement of eco-friendly snow elements (hereinafter “instant settlement statement”) indicating the settlement amount to be received by the Plaintiff out of the proceeds as KRW 39,915,712.

[Reasons for Recognition] Evidence A2, Evidence A3, the purport of the whole pleadings

B. As acknowledged above, in light of the fact that the defendant attached the official seal of the defendant representative director to the plaintiff, the settlement of this case is determined as the defendant's final intention.

Therefore, the Defendant is obligated to pay to the Plaintiff the settlement amount of KRW 39,915,712 under the instant settlement statement and the damages for delay calculated at the rate of 20% per annum from December 30, 2014 to the date of full payment, following the delivery of a copy of the instant written complaint.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Plaintiff paid KRW 2,000,000 out of the Plaintiff’s profits arising from the instant joint project.

According to the statement No. 1, the defendant transferred KRW 2,00,000 to the plaintiff on June 3, 2014, but the above money is recognized.

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