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(영문) 서울중앙지방법원 2014.09.25 2014가합4816
약정금
Text

1. The Defendant’s KRW 78,00,000, and the Plaintiff’s annual interest from May 29, 2014 to September 25, 2014, and the following.

Reasons

1. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Plaintiff is a person running a department store and marina service business with the trade name of “B,” and the Defendant is a company with the purpose of waste service. 2) The Defendant concluded with the Plaintiff that, in the event that the Plaintiff, who was a distributor affiliated with the Net Group, participated in a bid for a waste disposal service contract on the strike of new global department stores, slot, etc., and made the Defendant be awarded a successful bid, the Plaintiff agreed on the price for the new global department stores at KRW 3,000,000 per each store, and KRW 1,00,000 per month for a lot, respectively. As such, the Plaintiff had the Defendant conduct the waste disposal service of three stores at the new world department stores from March 2009, and from May 2009, the Plaintiff was able to perform the waste disposal service of 4 stores additionally.

3) However, the Defendant held that only KRW 1,00,000 per store may be paid monthly to the New World Department Store for reasons of decline in the price of the land, and KRW 200,000 per store per month to the lot set. The Plaintiff accepted this, and the Defendant deposited the amount corresponding to each month to the Plaintiff. 4) Since then, the Plaintiff made it possible for the Defendant to enter into a waste disposal service contract for the lot department store.

However, since July 2009, the unit price of Pakistan increased, the Plaintiff continuously demanded the Defendant to increase the agreed amount, and around May 201, the Defendant changed the agreement to pay the Plaintiff KRW 2,000,000 per month for the new global department stores, KRW 750,000 per store for the lot department stores, and KRW 50,000 per month for the lot department stores, and KRW 50,000 per store for the lot department stores, and deposited the amount to the Plaintiff by the tenth day per month on the basis of the above amount.

5. However, the defendant shall be in three new world department stores.

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