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(영문) 대구고등법원 2014.12.11 2013나3188

위약금등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On March 12, 2003, the Plaintiff established a new business headquarters in Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and entered into an agreement with the Plaintiff and D to jointly operate the said selling corporation with the share of 50:50.

(hereinafter “instant agreement”). B.

In the instant agreement, the Plaintiff loaned KRW 100 million to the Defendant Company for the purpose of supporting the relocation of factory, and the Defendant Company received the loan after transferring the factory, repaid the loan, and repaid it within six months even if the loan is not made, and the penalty for breach of the instant agreement shall be determined as KRW 200 million. The stamp image of the name of the Defendant Company as one of the parties to the instant agreement is affixed to the “sick,” and the stamp image of the Defendant B, the representative director of the Defendant Company, is affixed respectively.

C. From March 12, 2003 to May 21, 2005, the Plaintiff transferred total of KRW 299,980,000 to a cash or account as stated below on the following date:

Serial 12. 12. 12. 12. 48,00,00 won D 25,000 won on June 6, 2003 D 31. 13,000 won D 44. 9. 12,00,000 won on September 12, 2003, Defendant C Bank of 0. 07. 20,000 won on October 29, 200, 200, 30,000 won on April 10, 200, 200, 30,000 won on April 10, 200, 200, 30, 000 won on April 10, 2004, 200, 300, 300, 000 won on the National Bank of Korea’s account