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(영문) 서울남부지방법원 2016.07.28 2015가합104702
약정금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 436,660,200 and the interest rate thereon from May 31, 2016 to the date of full payment.

Reasons

Basic Facts

The relevant Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a business member who is supplied with and sold the sound vibration exercise equipment produced by E (hereinafter “E”) and then leases the said exercise equipment upon entrustment by the buyer. Defendant C is a representative director of the said company and Defendant D is a president of the said company.

The Plaintiff purchased the instant sports equipment from the Defendant Company and entered into an entrusted management contract, and operates “F” as the agent of the Defendant Company as follows.

On December 2013, the Plaintiff became aware of the Defendant C through the Defendant D, which was introduced from G around December 2013.

Defendant C purchased the instant sports equipment to the Plaintiff and entrusted management to the Defendant Company, the Defendant Company would operate the said sports equipment to pay approximately KRW 30% of the purchase price to the Plaintiff.

On January 13, 2014, the Plaintiff purchased 50 million won from the Defendant Company to KRW 49.5 million (per 9.9 million) and entered into an entrusted management contract with the Defendant Company with the following terms (hereinafter “the instant primary contract”).

Paragraph (1) The plaintiff shall entrust the management of 50 sports equipment of this case to the defendant company.

Paragraph 2 and the Defendant Company pay approximately KRW 600,000 per month for profits by using the instant sports devices (total of KRW 50,30,000), and upon the termination of the contract, transferred the ownership of the apparatus to the Defendant Company upon consultation between the original Defendant Company, and the Defendant Company paid approximately KRW 6,000 per month for each contract by paying the amount of the apparatus transferred to the Plaintiff in lump sum (total of KRW 50,30,000) in consideration of depreciation used for one year, taking into account the amount of the apparatus transferred to the Plaintiff, at the expiration of the contract.

The purchase price (the account) of the number of borrowed-water contracts shall be the recipient.

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