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(영문) 수원지방법원성남지원 2015.04.28 2014가합205344

구상금

Text

1. As to the Plaintiff KRW 177,875,00 and KRW 71,925,00 among them, the Defendant shall pay to the Plaintiff KRW 30,825,00 from April 22, 2014, and KRW 30,825,00.

Reasons

1. Facts of recognition;

A. The Plaintiff is a director of C Co., Ltd. (hereinafter “C”), and the Defendant is the president of D.

B. C and D caused damage equivalent to US$ 374,00 on account of their failure to deliver products to South-North oil business while engaging in transactions on products related to organic farmers' separation and long-term bags (ISO) around 2008.

C. On December 5, 201, the Plaintiff and the Defendant paid the above US$ 374,00 to the Namyang Business, and as follows, the Plaintiff bears US$ 44,000; the Defendant, respectively, bears US$ 330,000. If the Plaintiff or the Defendant pays the other party’s share on behalf of the other party, he/she shall pay it within 60 days from the date of the substitute payment; and if the Plaintiff or the Defendant fails to pay it within the period, he/she agreed to allow the legal procedure of claiming the substitute payment including interest after the lapse of the period to proceed.

(hereinafter “instant agreement”). The Defendant’s amount borne by the Plaintiff (USD) on the deposit date shall be 65,000 until February 29, 2012, 200 74,000 75,000 until June 30, 2012, 65,000 10,000 75,000 75,000 until December 30, 2012, 200 65,000 10,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 30,304,3004,300 304,7037, 30030,003

D. The Plaintiff paid 170,00 U.S. dollars 170,000 in total among the Defendant’s share of expenses ($ 70,000 in total until February 20, 2014 + 30,000 U.S. dollars 30,000 on June 19, 2014 + 20,000 U.S. dollars 20,000 on August 28, 2014 + 30,000 U.S. dollars 30,000 on December 17, 2014 + 20,000 U.S. dollars on February 10, 2015).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 14 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts, the defendant's total amount of USD 170,000 ($70,000 + USD 30,000 + USD 20,000 + USD 30,000 + USD 30,000 + USD 20,000) and this shall be applicable to the plaintiff.