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(영문) 서울중앙지방법원 2016.07.15 2016가단927
약정금
Text

1. The Defendant shall pay 84,425,000 won to the Plaintiff and 20% per annum from November 6, 2015 to the day of complete payment.

Reasons

1. In fact, Article 3(1) of the Decree provides that the Plaintiff shall lend KRW 100 million to the Defendant, and the Defendant shall borrow it, and the due date shall be until November 5, 2015, and the principal amount shall be KRW 100 million and the profit from the sale of goods shall be paid to the Plaintiff, who shall be paid KRW 30 million to the Plaintiff, regardless of the sale of goods, on the designated date, regardless of the sale of goods. In addition, in order to ensure transparency in the collection of the proceeds from the sale of the goods, the Daejeon on

Article 7 The defendant shall pay 20% interest per annum to the plaintiff by the date of the payment of penalty for the unpaid principal if the plaintiff does not pay the price as provided for in Article 3.

On August 27, 2015, the Plaintiff and the Defendant concluded a monetary loan and sales contract (hereinafter “instant contract”) with the intent to provide the Plaintiff with funds necessary for the Defendant to purchase goods, such as Poskin, and the Defendant concluded a sales contract with the following content for the purpose of stably expanding and selling market infrastructure by forming a distribution sales network and promoting mutual benefits.

B. Under the instant contract, the Plaintiff amounting to KRW 84 million to the Defendant on August 27, 2015, and the same year.

8. On September 15, 2015, the Defendant lent KRW 93 million to the Plaintiff a total of KRW 29 million from September 15, 2015 to May 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1, 15, 18 (including additional numbers), the purport of the whole pleadings

2. There is no dispute between the parties that the amount to be paid by the defendant to the plaintiff as a profit from the sale of goods in the contract of this case as to the plaintiff's assertion is equivalent to 30% of the amount lent to the

Therefore, according to the instant contract, the Defendant is obliged to pay the Plaintiff KRW 120,900,000 (=93 million) plus KRW 27,99,000,000,000 (=93,000,000 won) of the loan amounting to KRW 93,00,000,000).

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