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(영문) 의정부지방법원 2017.02.10 2015가합55431

약정금

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1. The Defendant’s KRW 4,00,000 to Plaintiff A, as well as 5% per annum from October 24, 2015 to February 10, 2017, respectively.

Reasons

1. Facts of recognition;

A. The plaintiffs are married couple, and the plaintiff A and the defendant are siblings.

B. On February 1994, Plaintiff A established D Co., Ltd. (former Co., Ltd. E; hereinafter “instant company”) and operated the company as the representative director of the instant company until February 2004.

C. On February 2004, Plaintiff A appointed the Defendant as the joint representative director of the instant company and delegated the management of the instant company to the Plaintiff. On December 2006, F, the Defendant, was elected as the sole representative director of the instant company.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 7, 8, the purport of the whole pleadings

2. Demanding the payment of agreed amount;

A. The Plaintiff Defendant agreed to pay KRW 200,000 per month to the Plaintiff upon delegation of the management of the instant company. On March 11, 2004, the Plaintiff paid KRW 200,000 to the Plaintiff from March 16, 2005 to January 10, 2013 (from March 16, 2005 to December 201). Ultimately, the Defendant paid KRW 50,000,000,00 to the Plaintiff from March 1, 2004 to December 31, 2012, the Defendant did not have an obligation to pay KRW 20,000,000 to the Plaintiff each of the instant contracts to pay KRW 20,000,000 to the Plaintiff for delay, and the Defendant did not have an obligation to pay the remainder of KRW 20,000,000 to the Plaintiff each of the instant companies.

In addition, since from February 2005, F, not the defendant, operated the company of this case, it is not possible to claim the agreed amount against the defendant.

B. On February 2004, the fact that the Defendant was delegated by the Plaintiff to the management of the instant company by the Plaintiff is as seen earlier, and the Defendant paid to the Plaintiff A KRW 2 million on March 11, 2004, and KRW 500,000 per month from March 16, 2005 to January 10, 2013 (from March 16, 2005 to December 2012).