(영문) 대구지방법원 2017.11.15 2016나313081

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.11.15 2016나313081

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance (Article 420 (a) of the Civil Procedure Act). Thus, this part of the judgment is cited in accordance with the main sentence of Article

2. The parties' assertion

A. From March 26, 2015, the Plaintiffs agreed to jointly operate DCAFE (hereinafter “DCAFE”) by investing each of the Plaintiff A’s KRW 50,000,000, B’s KRW 30,000,000, and the Defendant’s 40,000,000 by April 1, 2015, and agreed to pay KRW 20,00,000 as compensation and estimated amount for damages upon termination of this agreement (hereinafter “instant business agreement”). However, the Defendant did not pay KRW 40,00,00 by April 1, 2015, the Plaintiffs did not pay the Plaintiffs’ continued demands, but did not pay it to the Plaintiffs on September 1, 2015.

Therefore, since the business agreement of this case was cancelled due to the defendant's default, the defendant is obligated to pay the plaintiffs damages of 20,000,000 won and damages for delay as stipulated in the above agreement.

B. The Defendant: (a) entrusted the Defendant’s overall control over the Plaintiff Company E operated by the Defendant; (b) lent approximately KRW 40,000,000 to the instant car page as demanded by the Plaintiff on condition that the Plaintiff faithfully performed his duties; (c) the instant car page was prepared in the form of formality; and (d) only terminated the first agreement that A had not performed its duties in good faith.

In addition, until April 1, 2015, the Defendant did not pay all the investments made by both the Plaintiffs and the Defendant, and since the instant trade agreement was concluded on June 1, 2015, the Defendant did not have a duty to pay damages to the Plaintiffs.

The agent and the defendant shall be liable to pay the damages according to the business agreement of this case.

참조조문

-민사소송법 제420조

유사 판례

-대구지방법원 2016.11.08 2015가단123112

-서울중앙지방법원 2016.10.21 2016가합547737

-창원지방법원 2017.06.29 2016나55664

-서울동부지방법원 2014.10.07 2013가합13663

-청주지방법원 2016.02.17 2014가합25105