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(영문) 창원지방법원거창지원 2016.11.24 2016가합75
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from June 8, 2016 to the date of full payment.

Reasons

1. Basic facts

1. The plaintiff and the defendant shall be responsible for machinery and equipment and driving funds in the factory to operate a C factory, and the defendant shall be fully responsible for the production and sale for the operation of the factory.

2. 1) The Plaintiff’s machines owned by the Defendant (hereinafter “instant machines”) (one set of 1 set, presses 4 set, one set of 1 set, six forkins, six forkins, and six forkins; hereinafter “instant machines”).

(2) When a product is manufactured after the purchase and installation of the machinery, one hundred million won is recognized as purchased by the Plaintiff and the purchase of the machinery has been completed, and when the operation and production of the said machinery have been suspended within one year, the Defendant shall pay to the Plaintiff KRW 150 million, including the cost of the machinery sold to the Plaintiff, the costs of the equipment, personnel expenses, and other expenses incidental thereto. (2) When the payment of the price of the machinery is made, the Defendant shall promptly deliver this machinery.

3. The defendant shall operate the C factory under the responsibility of the defendant, and when the defendant is unable to operate the factory due to a poor sales by production and business, or when the defendant passes at least 3 months, he/she shall promptly compensate the plaintiff for the total amount of KRW 150 million and KRW 100 million as compensation for loss and the total amount of KRW 150 million as compensation for damage.

In April 2015, the Plaintiff and the Defendant decided to start a “C” company for the manufacture and production of plastic plastic products, and concluded an agreement that contains the following (hereinafter “instant agreement”).

B. Pursuant to the instant arrangement, the Plaintiff purchased the instant machinery from the Defendant and established C, and operated the company with the Defendant. When the factory was not operated normally and the operating personnel accumulated, the Plaintiff and the Defendant entered into the instant agreement with the Defendant on September 15, 2015, and entered into the instant agreement with the C president, and served as the C president.

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