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(영문) 인천지방법원 2017.01.11 2016가단20090
약정금
Text

1. The Defendant’s KRW 30 million and the Plaintiff’s annual interest thereon from September 7, 2013 to May 13, 2016 and the next day.

Reasons

1. In full view of the purport of arguments as to Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and Eul evidence Nos. 3, the plaintiff agreed to manufacture and sell machinery for crime prevention and assembly around Jun. 10, 2013 to pan-company Co., Ltd. for the purpose of selling KRW 50 million, and the pan-company Co., Ltd. for the purpose of selling the machinery at the rate of KRW 10 million on June 10, 2013; KRW 2 million on the 25th of the same month; KRW 3 million on the 27th of the same month; KRW 3 million on the 28th of the same month; KRW 3 million on the 205th of the same month; KRW 3 million on the 5th of the same month; KRW 3 million on the 200,000,000,0000,000 for the plaintiff’s remaining payment period; the defendant agreed to pay the above 3 million won to the plaintiff.

2. On August 22, 2013, the Defendant: (a) agreed to pay the remainder of KRW 30 million to the Plaintiff on September 6, 2013; (b) the Defendant agreed to pay the Plaintiff the remainder of KRW 15 million, which is 30% of the transaction amount, as a penalty; (c) the Defendant already paid KRW 20 million to the Plaintiff; (d) on the ground that the Plaintiff had a duty to pay the Plaintiff to the pansty Co., Ltd. (i) KRW 5 million (i.e., KRW 20 million - KRW 15 million), taking into account the overall purport of the pleadings in the evidence No. 2138, Aug. 22, 2013; and (b) on the other hand, the Defendant did not pay the remainder of KRW 15 million to the Plaintiff.

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