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(영문) 서울중앙지방법원 2016.02.18 2015가합522724
약정금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 100,000.

Reasons

1. Determination as to the main claim

A. The Plaintiff’s assertion was the representative director of D Co., Ltd. (hereinafter “instant company”).

around 2010, the Defendants agreed to pay KRW 250 million to the Plaintiff in return for the Plaintiff’s assistance in the process of acquiring the management rights of the instant company by acquiring the shares of the instant company from E, the largest shareholder of the instant company.

Therefore, the Defendants are obliged to pay to the Plaintiff the agreed amount of KRW 250 million.

B. There is no evidence to prove that the Defendants agreed to pay KRW 250 million to the Plaintiff in return for the Plaintiff’s assistance in acquiring management rights of the instant company.

2. Comprehensively taking account of the overall purport of the pleadings in the statement in subparagraph 1 of the judgment on the counterclaim claim, the Defendants may recognize the fact that on October 1, 2010, the Plaintiff lent KRW 100 million to the Plaintiff without due date or interest agreement.

According to the above facts, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 19, 2016 to the day of full payment, which is the day following the day when the Defendants requested the Plaintiff to perform the above borrowed amount of KRW 100 million and the day following the day when the Defendants requested the Plaintiff to perform the counterclaim.

3. The plaintiff's main claim is dismissed on the ground that the plaintiff's main claim is without merit, and the defendant's counterclaim is justified.

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