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(영문) 대구지방법원포항지원 2015.04.07 2014가합999

임금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 170,000,000 and the interest rate therefor from August 8, 2014 to the date of full payment.

Reasons

1. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 170 million per annum 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 8, 2014 to the date of full payment, barring any special circumstance, for the following reasons: (a) the Defendants made an agreement to pay KRW 170 million as the name of mental damage compensation arising from “the early arrival contract problem in 2007” with the Plaintiff on February 28, 2011 (hereinafter “instant agreement”); and (b) there is no dispute between the parties to the agreement; and (c) the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the rate of KRW 170 million per annum from August 8, 2014 to the date of full payment.

As to this, Defendant C does not place a seal on the instant agreement within the meaning of joint and several sureties, but rather affixed a seal to confirm the Plaintiff’s cooperation for the Plaintiff to receive material prices of KRW 170 million from the development of the East Forest Industry, or Defendant B paid KRW 170 million. However, the following circumstances, which are acknowledged by the overall purport of the entries and arguments as follows, namely, ① Defendant B was indicted on the charge of deceiving the Plaintiff and deceiving the Plaintiff in spite of the intention or ability to transfer the power to operate the temporary landing place to be constructed in Nam-gu, Nam-gu, Seoul District Court Port Branch on February 17, 201, and was sentenced to a judgment of conviction of KRW 200 million on July 14, 201 (Seoul District Court Branch Branch Court Decision 2011Mo999), and ② present agreement of this case, separate from the Plaintiff’s civil litigation industry development agreement of this case.

(3) The agreement of this case is written together with the agreement of the above criminal case at the request of the defendant C, and the defendant B was detained at that time, and the defendant C entered the agreement of this case as the agreed person together with the defendant B.