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(영문) 서울서부지방법원 2019.09.19 2019가단233457
약정금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 12% per annum from July 30, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) On March 22, 2019, the Plaintiff entered into a lease agreement with the Defendant on March 22, 2019 with regard to D private letter or hot letter, which is located 20 million won underground, and the period of delivery, 24 months from the date of delivery. On the same day, the Defendant entered into a lease agreement with the Defendant on March 22, 2019 (hereinafter “each of the instant lease agreements”) with the period of KRW 50 million and KRW 24 months from the date of delivery (hereinafter “each of the instant lease agreements”).

(2) On March 22, 2019, the Plaintiff paid to the Defendant KRW 130 million, totaling KRW 130 million on April 9, 2019, as part of the deposit money under each of the instant lease agreements.

B. The Defendant’s repayment of deposit did not perform the Plaintiff’s duty to supply hot spring water and store stores based on each of the instant lease agreements until now.

Accordingly, the Defendant decided to return the deposit amount of KRW 130 million paid to the Plaintiff under each of the instant lease agreements, and returned KRW 50 million out of April 26, 2019.

C. The Defendant: (a) promised the Plaintiff to reimburse KRW 70 million, out of the deposit amount of KRW 80,000 not returned up to that time, until June 27, 2019; (b) prepared and executed a letter of commitment to return the remainder of KRW 10,000,000 (hereinafter “instant letter of commitment”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 80,000,000,000 that is not refunded and the damages for delay calculated by the rate of 12% per annum from July 30, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. The plaintiff's claim of this case is reasonable and acceptable.

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