beta
(영문) 수원지방법원 2015.09.17 2014나45024

위약금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 12, 2008, the Plaintiff, the Defendant, and C made a joint operation of the automobile maintenance plant (hereinafter “instant industrial company”) with the trade name “E” at the automobile maintenance plant located on the five lots outside Gyeonggi-gun, Gyeonggi-gun, and on the ground (each of the above land and the above factory buildings are owned by the Defendant). However, the representative of the said industrial company entered into a partnership agreement with the Plaintiff (hereinafter “instant partnership agreement”).

In accordance with the above agreement, the Plaintiff completed business registration on December 24, 2008, and began to operate the instant industrial complex with the Defendant and C.

B. On December 20, 2013, the Plaintiff and the Defendant transferred the business of the foregoing industrial company to a third party; the transfer proceeds shall be paid in full by the Defendant; however, the transfer proceeds shall be paid in accordance with the attached Table 1 (hereinafter referred to as “attached Table 1”) in the name of the Plaintiff while operating the said industrial company, as well as the obligations indicated in the attached Table 1 (hereinafter referred to as “attached Table 2”) in the “current Status of Payment in Components 38,669,832 and Attached Table 2” (hereinafter referred to as “attached Table 2”), 78,002,870 won (a total of 65,02,870 won, but it is evident that it is a clerical error in the calculation, including the total of 65,672,702 won, and if the Defendant did not pay the above obligation to the Plaintiff by the deadline for payment of the penalty by 00 million won (hereinafter referred to as “the agreement”).

C. On January 20, 2014, the Plaintiff and the Defendant again drafted a letter of undertaking that “The Plaintiff waives all rights related to the operation of the instant industrial company on the condition that the Defendant reimburses the Defendant of the obligations arising from transactions until the same date and the liabilities (including various taxes) arising from December 31, 2013.” (hereinafter “instant letter of undertaking”).

From December 1, 2013 to January 20, 2014, due to the operation of the above industrial company.