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(영문) 서울중앙지방법원 2015.07.01 2013가단5155968

구상금

Text

1. Defendant B Co., Ltd. shall pay 80,000,000 won to the Plaintiff and 20% per annum from December 10, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, as an employee of Defendant B Co., Ltd. (hereinafter “Defendant Company”), entered into a contract for transfer of the right to registration of electrical construction business with the following contents according to the direction of Defendant C, the representative director:

1) As of January 15, 2008, the electrical construction business E (hereinafter “D”) held by D (hereinafter “instant registration right”) as the transferee Defendant C and acquired the instant registration right in the amount of KRW 60 million (hereinafter “instant acquisition contract”). Defendant C deposited KRW 20 million to D representative director F on the date of the contract, and deposited KRW 39,916,400 on March 18, 2008, with the remainder of KRW 39,916,400 as of January 14, 2008, the instant registration right was transferred to G as of January 14, 2008.

(However, in the contract, the name of the transferor and the transferee were H, the father of G. (hereinafter “instant transfer contract”). (B)

Article 4(2) of the Transfer Agreement of this case provides that "the plaintiff shall have all responsibility for the tax and all obligations of "transfer company" arising from the transfer of this Agreement," and on the same day, the plaintiff prepared a letter with the following contents to G:

(hereinafter referred to as “each letter of this case”). Each plaintiff promises to assume responsibility for all debts and contingent debts incurred prior to transfer to H in transferring the right of registration of electrical construction business E to H, and promises to assume all civil and criminal responsibilities if damage is incurred to the assignee.

Plaintiff, each of whom is a secretary

C. According to the instant transfer agreement and transfer agreement, D’s electrical construction business portion was divided into and merged with G, Inc. I (hereinafter “J”) operated by G.

Afterward, G brought a claim for damages against the Plaintiff on the ground that J repaid the said amount of KRW 120 million to the financial institution due to D’s obligations to the financial institution.