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(영문) 서울중앙지방법원 2015.05.29 2014가단5145333

약정금

Text

1. Defendant Incorporated Incorporated Incorporated Co., Ltd.: KRW 44,204,770 and its amount from June 19, 2014 to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant Incorporated Agricultural Company Dodona (hereinafter “Defendant Dona”)

A. (1) The fact of recognition (1) concluded a bilateral gift sales contract with the purport that the Plaintiff and the Defendant entrusted the management and raising of the said amount to the said Defendant, and shall pay 6 million won per unit (20 mae) of the said amount under the terms of entrustment. At the same time, Defendant Do Do and Do purchased the amount to be produced by the said methods in advance between Defendant Do Do Do and the Plaintiff, and paid the advance payment for 12 months from the following month from the following month as the purchase price, and thereafter, Defendant Do Do or Do entered into a contract for the purchase of the money gift with the purport that Defendant Do and Do shall pay the said principal to the Plaintiff.

(2) On January 25, 2012, the Plaintiff entered into a mutual money consignment agreement with Defendant Pakistan farm, and entered into a mutual money futures sales agreement with Defendant Do and Yang 40 miles on the same day. On January 26, 2012, the Plaintiff paid KRW 12 million to Defendant Pakistan farm.

Defendant Dona paid 290,100 won to the Plaintiff for the 12-month period from the end of each month, and paid 12 million won to the Plaintiff on March 22, 2013.

(3) On December 28, 2012, the Plaintiff entered into a mutual savings agreement with Defendant Pakistan farm on five parts, and entered into a mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement on the mutual savings agreement. The mutual savings agreement on mutual savings agreement on the mutual savings agreement on mutual savings agreement on the mutual savings agreement on mutual savings agreement on mutual savings agreement between Defendant

However, Defendant Dona paid KRW 652,730, respectively, to the Plaintiff with advance payment for ten months. However, Defendant Dona did not pay KRW 362,630, out of KRW 652,730, and KRW 652,730 for advance payment once, and did not pay KRW 30,000,000 for advance payment.

(4) On April 30, 2013, the Plaintiff entered into a bilateral money consignment agreement with Defendant Pakistan farm, and on the same day, Defendant Dona and Yang Do.