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(영문) 서울동부지방법원 2016.06.15 2015가단115559
약정금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 39,000,000 won and the aforementioned amount shall be from January 11, 2015 to September 15, 2015.

Reasons

1. As to the claim against Defendant B, the Plaintiff agreed to pay KRW 39,00,00,00 not paid to the Plaintiff by November 30, 2014 under the above contract between Defendant B and Defendant B (hereinafter collectively referred to as Defendant B’s total before and after the change) and Defendant B’s operation on the first floor of the 1st apartment building in Ansan-si, the Plaintiff agreed to pay the Plaintiff an amount calculated by deducting the commission from the above 10-day price after receiving the payment from Defendant B’s payment on the 10-day price. Defendant B operated the above 10-day price from March 2013 to November 30, 2014 under the above contract, and thus, Defendant B did not pay the Plaintiff the unpaid 39,00,000 won to the Plaintiff, and Defendant B did not make the said 10-day price available to the Plaintiff for sale of the 10-days goods at the market price and did not make it out of the 10-day market price.

Therefore, with respect to the Plaintiff’s total sum of KRW 89,00,000 and the amount of damages for the unpaid land and KRW 39,000,00,000, Defendant B, from January 11, 2015, the date following the agreed payment date, and with respect to damages of KRW 50,000,000, the damages of KRW 50,000, the amount of damages, from December 1, 2014, to September 15, 2015, the records clearly indicate that the date of final delivery of each complaint of this case is 6% per annum under the Commercial Act, from September 15, 2015, from September 16, 2015 to September 30, 2015, and from October 1, 2015 to the date of full payment, 15% per annum.

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