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(영문) 서울남부지방법원 2018.11.01 2018가단202327

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,866,408 and the interest rate of KRW 15% per annum from March 17, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operated a fishery products distributor in the trade name of “C,” and the Defendant was employed from around 2012 to work as an employee of the above “C” and transferred the business from the Plaintiff as follows.

B. The Plaintiff, other than “C”, was operating several business entities registered under another person’s name. However, around December 2016, the Plaintiff decided to transfer the business rights of “D” to the Defendant.

C. The Plaintiff and the Defendant drafted the following agreements (hereinafter “instant agreement”) with respect to the transfer or acquisition by the company of D” (hereinafter “D”).

I agree to take over to B all of the cover money of warehouse deposit (10,000,000) other than warehouse facilities, two (E, F), and the office fixtures leased from C, 357,866,408,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

As from January 1, 2017, B shall own as from January 1, 2017, and C shall not be asked for objection to all the days that may occur in the future, and B shall be held responsible (each note).

The current status of claims (outstanding) H company 2,480,480,00 I company 2,480,000 = 362,484,00 = 362,830,830,400 - 4,964,400 = 4,966,408 = 357,06,400 = 43,12,000 K Company 444,39,500,500 K Company 46,82,500,50

(gold 134,344,00)

D. Around January 2017, the Defendant received a loan from a financial institution and paid the Plaintiff KRW 220 million to the Plaintiff. ② The Defendant paid KRW 50 million in lieu of the Plaintiff’s installment payment that the Plaintiff operated, and ③ paid KRW 10 million in cash and KRW 280 million in total.

In addition, the defendant remitted KRW 7 million to the plaintiff on January 7, 2018, and the defendant eventually remitted the transfer contract of this case to the plaintiff.