(영문) 춘천지방법원강릉지원 2015.12.01 2015나1298

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(영문) 춘천지방법원강릉지원 2015.12.01 2015나1298

약정금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a party-related one) On July 9, 2004, D Co., Ltd. (hereinafter “instant company”).

(2) A director of the instant company was appointed on January 23, 2008 and resigned on January 23, 2008, and C was appointed as the representative director of the instant company on July 9, 2004 and resigned on January 23, 2008. (2) The Defendant was appointed as the director of the instant company on July 9, 2004, but was assigned from the Plaintiff and C, and was appointed as the representative director of the instant company on January 23, 2008.

3) The Defendant, as seen above, was formally in the position of the director of the instant company as a director prior to the appointment of the representative director. However, in fact, he ordered construction by using the instant company’s name, and performed several construction works under his own responsibility, and has paid installment payments corresponding to a percentage of construction expenses with loan charges in the name of the instant company. (B) The Defendant prepared the settlement confirmation document (Evidence A7, hereinafter “the settlement confirmation document of this case”) as follows.

(B) prepare and confirm the amount of money, such as construction costs (including installment payments), bilateral bonds, balance in debt transactions, and proceeds at the time of license transfer or takeover of construction business, together with separate documents, B, who has served as the representative C and the Director at the site of the D Company, shall be set to mutual recognition of the amount of KRW 81,065,951 and shall be set aside separately for the settlement amount which may be confirmed by October 31, 2009.

B Of the current settlement amount verified as of November 5, 2009, KRW 30 million shall be paid to A by November 5, 2009, and KRW 20 million out of the balance shall be paid in cash until January 20, 2010, and KRW 31,065,951 in the remainder shall be paid by April 30, 2010.

As confirmed on October 25, 2009: C Creditors: Debtor A: B

C. The Plaintiff’s note of payment in this case is a letter of payment No. 1, and hereinafter “each of the instant notes”).

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