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(영문) 전주지방법원군산지원 2015.08.20 2014가합1999

약정금

Text

1. The Defendant shall pay 65,00,000 won to the Plaintiff and 20% interest per annum from November 21, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On 2013, Ston points purchased stone from C Co., Ltd., which is a stone producer, and supplied them at the construction site, were delegated to the Defendant with the duty of transportation of stone from Haman C to E-line (brate) located in Bon City D.

B. Since December 2013, the Defendant applied for the prohibition of dispatch to the cargo solidarity affiliated with the Democratic Labor Group (hereinafter “cargo solidarity”), and around March 2014, applied for the prohibition of distribution to E’s landing points, and the Ston Points requested the Plaintiff to assist in resolving this.

Each Ston Point shall pay in lieu of the Plaintiff the 16,00,000 won for the transport cost of December 2, 2013 and the 49,000,000 won for the transport cost of January 2, 2014, and H shall thereafter not raise an objection to the Plaintiff with Ston Points case.

When violating this, H shall immediately return the above KRW 65,000,000 to the Plaintiff, and shall prepare a letter thereof.

C. Accordingly, on April 8, 2014, the Plaintiff entered into a stone supply contract with C, F and E landing agreement, respectively, and paid KRW 65,000,000 to the Defendant for the transport cost unpaid by Ston Points.

On the same day, the Defendant’s in-house director G prepared each of the following books (No. 2, hereinafter “instant notes”) in the name of the Defendant in the name of the Plaintiff, but G deleted the printed parts of “H representative” at the bottom of each letter, and entered that “BI of the Company” was “B I of the Company,” and affixed the Defendant’s corporate seal next thereto.

On April 9, 2014, the Plaintiff remitted KRW 65,000,00 to the account under the name of J designated by G.

E. Accordingly, around that time, the Defendant applied for the rescission of the prohibition against the dispatch of the E’s landing to the cargo solidarity, and the transportation of stone was resumed. After which, around June 2014, the Defendant had not received again from the Ston Points, and on the E’s arrival to the cargo solidarity.