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(영문) 제주지방법원 2018.04.17 2017가단291

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established on October 23, 2007 for the purpose of running solar power generation facilities and the Mos wholesale and retail business, and the Defendant is a person who participated in the establishment and operation of the Plaintiff and takes office as a director office on June 27, 201.

B. On August 8, 2012, an audit report was prepared on the Plaintiff’s auditor C’s name, stating that “The portion of temporary loan was recovered from KRW 50,000,000 each time with the actual Defendant’s usage, and the remaining KRW 49,00,000 each time after confirming the details of the disbursement at the time of settlement of accounts in 2012, to be settled after deducting the details of the disbursement.”

C. On August 10, 2012, the Defendant prepared a letter of payment stating that “the Plaintiff would pay KRW 49,000,000 to the Plaintiff’s public funds by December 30, 2012” (hereinafter “instant letter of payment”). On the same day, the Defendant adopted a resolution stating that “49,000,000 won shall be deposited by December 30, 200 in the temporary general meeting of shareholders present at the Plaintiff’s representative director, etc.” and “the Defendant’s office shall be used by the date of the temporary general meeting of shareholders after reporting the current status of revenue at the time of the temporary general meeting of shareholders and by the closing date of the year 2012.”

On December 27, 2012, KRW 50,000 deposited in the account under the name of the defendant in the account under the name of the defendant, and on the same day, KRW 42,000,000 was remitted from the account under the name of the defendant E (hereinafter “E”).

E. On February 18, 2013, the transfer and takeover note (hereinafter “the transfer and takeover note of this case”) was prepared, and the Defendant sealed the pertinent document as a transferor, and the Plaintiff’s representative director and directors were signed by the underwriter at the time.

(Name C’s name includes the phrase “witment” instead of signing. The handover of this case confirms that only KRW 29,634,621 that the Defendant’s “written confirmation” was deposited on December 27, 2012, and that KRW 76,00,000, and KRW 44,365,379 still remains as attempted.

‘The contents' include contents.

(b).