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(영문) 전주지방법원 2018.08.24 2016가단11129

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On March 3, 2014, the Plaintiff asserted that: (a) around March 3, 2014, the Plaintiff calculated 30% of the shares in Defendant C, which the Plaintiff had been paid in return for assistance to solar power generation business promoted by the limited liability company D (hereinafter “D”); and (b) the Plaintiff’s benefits not paid from D as KRW 150,00,000, and made oral agreements to be paid by the Defendant B (hereinafter “instant agreement”).

Accordingly, around March 3, 2014, the Plaintiff received a letter of payment (Evidence A 1; hereinafter “instant letter of payment”) from Defendant C that the Plaintiff would pay KRW 30,000,000 from Defendant B to May 30, 2014, and around June 27, 2014, the Plaintiff received a certificate of borrowing (Evidence A 2; hereinafter “the instant certificate of loan”). Around June 27, 2014, the Plaintiff issued to Defendant B with the effect that the Plaintiff would pay KRW 120,00,000 from Defendant B by July 20, 2014 (hereinafter “the instant certificate of borrowing”).

Since July 2014, the Plaintiff received 30,000,000 won from Defendant B, in cash, from Defendant B, as a police officer.

Therefore, Defendant C is obligated to pay to the Plaintiff the agreed amount of KRW 30,000,000, Defendant B is obligated to pay the agreed amount of KRW 90,000,000, and damages for delay.

B. 1) Defendant C’s representative director E or Defendant B’s assertion did not affix his corporate seal to the letter of payment in this case, and thus, the said letter of payment was forged. 2) Defendant B’s assertion did not have any agreement with the Plaintiff.

around December 9, 2013, Defendant C entered into a contract with the F Company to supply materials, such as steel, necessary for the installation of solar power plants, and supplied materials, such as steel, from December 11, 2013 to February 27, 2014 from F Company, but did not pay 132,764,43 won to F Company until July 2014.

Defendant B, from the Plaintiff on July 2014, was the president of the F Company G and member H of the National Assembly from the Plaintiff on July 1, 2014, who is pro rata to B and I High School, and some of the goods to be paid to the F Company.