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Reasons
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(영문) 부산지방법원동부지원 2020.11.19 2020가단202908
약정금
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The defendant's KRW 43,500,000 to the plaintiff and 5% per annum from February 14, 2020 to November 19, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are the cooperation between the Plaintiff and the Defendant from 2007 to 2019.

B. The Plaintiff and the Defendant, upon organizing the teaching relationship around July 25, 2019, agreed that KRW 49 million shall be paid to the Plaintiff by the Defendant, and KRW 9 million shall be paid to the Plaintiff via three months each month, and the remaining KRW 40 million shall be paid within two years each month, and if the Plaintiff and the Defendant fail to pay KRW 9 million, the remainder shall be paid at once.

As to the plaintiff's assertion on the clause of loss of benefit, the defendant recognizes that the defendant is obligated to pay part of the payment without clearly disputing the plaintiff's argument.

In addition, if the due date for partial installment payments is set, it seems that there was an agreement for loss of benefit of time, as alleged by the plaintiff.

C. The defendant should be the plaintiff.

Of the agreed amounts under this paragraph, the amount of KRW 1 million on July 24, 2019, KRW 3 million on August 26, 2019, KRW 1.5 million on October 7, 2019, respectively.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant did not perform the installment payment agreement of KRW 9 million, and thus, the Defendant should pay at one time the unpaid amount of KRW 49 million out of the total agreed amount.

The plaintiff is a person who has received repayment of 4 million won out of the above agreed amount.

3. Judgment on the defendant's defense

A. The defendant's assertion (1) is acknowledged that he first agreed to pay KRW 49 million to the plaintiff, but it contains a lease deposit, etc. which he did not actually use or is entitled to receive by the plaintiff, so this part of the agreement should be modified. The defendant asserts that the plaintiff's proof No. 1 is revoked by the plaintiff's coercion.

(2) The Defendant is also the total amount of KRW 5 million discharged by himself.

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