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(영문) 부산지방법원동부지원 2016.09.01 2016가단3395
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from February 5, 2016 to the day of complete payment.

Reasons

1. In full view of the purport of the argument in Gap's evidence No. 1 as to the cause of the claim, the plaintiff entered into an investment contract with the defendant on August 22, 2008, stating that if the plaintiff pays 50,000,000 won to the defendant, the defendant shall pay the plaintiff the total amount of 2.5% of the total sales amount of CMM (hereinafter "CMM") to the plaintiff as profits, and at the same time the defendant shall return the full amount of the investment until September 30, 2010.

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 50,00,000,000 and the total of KRW 10,000,000,000,000, which is the total amount of KRW 60,000,000, which is the day following the delivery of the copy of the complaint in this case, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 5, 2016 to the day of full payment

2. Judgment on the defendant's assertion

A. The Defendant alleged that the Defendant paid investment profits to the Plaintiff from August 2008 to September 2010, and agreed to deduct the Plaintiff from the Busan Total Amount of Investment and the security deposit for shipping agencies if the Plaintiff and the Defendant paid KRW 2,00,000 each month to the Plaintiff on September 2010.

(hereinafter “Mutual Aid Agreement.” Under the foregoing Mutual Aid Agreement, the Defendant paid to the Plaintiff the sum of KRW 65,96,913 from October 2010 to March 2014, and thus, the Defendant is obligated to pay to the Plaintiff the Busan Total Amount of Investment.

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