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(영문) 광주지방법원 2019.12.19 2019나50426

약정금

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1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

In the first instance court, the plaintiff sought payment of the amount equivalent to the value of kimchi (200,000 won) and approximately 40 km (200,000 won) against the defendant. The first instance court accepted the claim for the payment of the red powder and dismissed the claim for the value of kimchi.

In this regard, the defendant only appealed against the claim for the payment of the red paper powder, which is subject to the judgment of this court, is limited to the claim for the red paper powder.

Basic Facts

The defendant is the representative director of C (hereinafter referred to as "C") and the plaintiff is the person who is in charge of accounting while working in the above company from January 1, 2018 to March 23, 2018.

In order to contain kimchi to be provided to the meals of the above employees of the company, the defendant ordered the plaintiff to purchase materials necessary to contain kimchi with the defendant's credit dynasium, and the plaintiff purchased the remaining materials with the defendant's credit card except for molds powder.

On February 24, 2018, the plaintiff, the defendant and two employees working for the above company included kimchi in the above company.

[Grounds for recognition] The Plaintiff’s judgment as to the grounds for a claim for judgment as to the purport of the entire pleadings and the statement in Eul’s evidence Nos. 2, and the grounds for a claim for judgment as to the purport of the entire pleadings was provided to the Defendant, which was owned and kept by himself on February 24, 2018. The Defendant’s payment of the amount equivalent to the above amount of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the red molds No. 1 is without dispute between the parties, and according to the statement in Gap’s evidence No. 1, it is recognized that the retail price of

According to the above facts, unless there are special circumstances, the defendant is obliged to pay 420,000 won to the plaintiff with the price of red molds of 10km.

The defendant asserted that the defendant paid KRW 500,000 to the plaintiff with the payment of molds.

According to the statement of No. 1, the defendant himself/herself on February 28, 2018.