logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2015.04.30 2014가단11923
정산금
Text

1. The Defendant’s KRW 79,91,410 for the Plaintiff and 5% per annum from April 22, 2014 to April 30, 2015.

Reasons

1. Basic facts

A. From July 1, 2007, the Defendant operated the Plaintiff’s B agency, and on November 16, 2009, the Defendant took over the C agency operated directly by the Plaintiff.

B. On October 28, 2009, the Defendant, upon accepting C Agent, entered into a service contract for the normalization of C Agent Services with D on October 28, 2009, and paid D the service cost of KRW 10 million.

(hereinafter “instant service contract”). C.

The Plaintiff and the Defendant closed the Cagency on January 2, 201 as the enemy continued to have occurred, and the Defendant promised to pay in installments the estimated settlement amount of KRW 64,225,320 on December 31, 201.

The amount of settlement that has been finalized later is KRW 19,991,410.

On June 12, 2012, the Defendant transferred B agency to E, and prepared a letter of intent to repay the outstanding amount in installments on the same day and delivered it to the Plaintiff.

(hereinafter “each of the instant notes”). The settlement amount that the Defendant should pay to the Plaintiff in relation to B agency was KRW 60,841,529.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the settlement amount of KRW 80,832,939 (=Cagency settlement amount of KRW 19,991,410, B Agency settlement amount of KRW 60,841,529) and damages for delay.

B. The Defendant’s assertion 1) The Plaintiff and the Defendant agreed on the settlement of accounts of Cagencys and B Agencys at KRW 60 million through each of the instant statements.

B. The defendant acquired C agency under the condition that the plaintiff normalizes the services of C agency, and accordingly entered into the service contract with D introduced by the plaintiff.

The substantial party to the instant service contract is the Plaintiff, and D is merely an assistant to the Plaintiff’s performance. The Plaintiff’s obligations under the instant service contract.

arrow