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(영문) 의정부지방법원고양지원 2019.05.15 2018가단82942
약정금
Text

1. The Defendant’s KRW 40,825,560 for the Plaintiff and 5% per annum from March 27, 2019 to May 15, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a sales business of sedt Lease in the United States, and the Defendant operated a furniture store in the Republic of Korea and engaged in the business of importing sedt lease from the United States, etc. to resell it.

B. The Defendant entered into a contract on the consignment operation of store in the U.S. for the import of bit lease between the Plaintiff and the Plaintiff, and imported bit lease through the Plaintiff.

C. The Plaintiff leased an office located in California, California, Luxembourg, from April 1, 2017 to September 30, 2018, at the monthly rent of USD 3,800.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, 9 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff promised to pay the Plaintiff the entrusted operation expenses and the store rent in the U.S., the Defendant did not pay the Plaintiff the sum of the entrusted operation expenses and the store rent to USD 63,300 as follows. As such, the Defendant claimed that the Plaintiff would pay the Plaintiff the sum of USD 71,360,100 out of the said money to USD 63,00 in Korean won on February 8, 2019 and March 13, 2019.

(i) USD 63,00 x 1,132.70 per USD 1) and damages for delay are liable to pay them.

- USD 22,500 for entrusted operation expenses for store in the United States from January 2, 2017 to September 2017 ($ 22,500 per month x 9 months) - USD 18,000 for entrusted operation expenses for store in the United States from October 2017 to March 2018 (=$ 3,000 per month x 6 months) - USD 22,800 for store rent in the United States from April 2018 to September 2018 ($ 3,800 per month x 6 months)

B. When the Defendant entrusted the operation of the store in the United States to the Plaintiff, the Defendant did not agree to pay 2,500 US dollars or 3,000 US dollars each month to the Plaintiff as the expenses for entrusted operation, and agreed to pay 1 million US dollars each month as the expenses for entrusted operation.

Defendant.

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