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(영문) 수원지방법원 2020.06.03 2019나68800

약정금

Text

Of the judgment of the court of first instance, the part concerning Defendant B, which exceeds the payment order.

Reasons

1. Basic facts

A. On August 27, 2018, the Plaintiff entered the Defendant Company B (hereinafter “Defendant Company”) and entered the following agreements with the Defendant Company on September 5, 2018 (hereinafter “instant agreement”).

On September 5, 2018, the Plaintiff works under the business management department of the Defendant Company, and 50% of the profit accrued after deducting the net profit of the Defendant Company from the net profit accrued after purchase of the vehicles from the Defendant Company as principal and principal with approximately KRW 25 million (recovering the amount of KRW 17.4 million) after purchasing the vehicles from the Defendant Company.

Provided, That in case of loss, 100% shall be dealt with by the defendant company.

The plaintiff shall assist the defendant company with the installment payments until the upper contract and retirement.

Provided, That the standard of deduction of installment from the revenue shall be applied.

The principal of the Defendant Company other than the transfer cost of insurance premium shall be deducted from the total amount of money.

Since then, the contractor's early termination of the contract between the defendant company and the contractor.

In accordance with the instant agreement, when the Plaintiff purchased the Drober vehicle owned by the Defendant Company from the Defendant Company (hereinafter “instant vehicle”), it borrowed KRW 29,000,000 from E Co., Ltd. (hereinafter “E”) on September 4, 2018 as the purchase of the vehicle, and in order to secure this, on September 13, 2018, the instant vehicle registration number is F in the instant vehicle register (Evidence A No. 4). This is because the Plaintiff purchased the instant vehicle and changed its registration number.

The mortgage was created on the amount of 14,500,000 won.

C. The above loans amounting to KRW 29,000,000 were received by the Defendant Company. The Defendant Company paid the principal and interest of a loan once (per minute October 2018) and twice (per November 15, 2018) and the principal of a loan as of November 15, 2018 is KRW 27,965,209.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, and Eul evidence 3, respectively.