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(영문) 수원지방법원 안산지원 2018.11.21 2017가단21626
물품대금
Text

1. The defendant shall pay 146,920,000 won to the plaintiff and 15% per annum from January 14, 2018 to the day of complete payment.

Reasons

The defendant around December 2015 requested the representative director C, etc. of the plaintiff to establish a legal entity in Vietnam and make investments in home shopping and publishing businesses, the plaintiff prepared to establish a local subsidiary in Vietnam and decided the defendant as the head of the local subsidiary in Vietnam.

On December 20, 2015, the Plaintiff requested the Defendant to enter into a consulting contract by paying US$150,000 at consulting costs, and transferred US dollars 150,000 to Viet Media Sedia Sedon Co. on December 21, 2015 (Korean US$17,60,000) on December 21, 2015.

On May 9, 2016, the Plaintiff received a request from the Defendant to transfer expenses for the establishment of a company, including capital, from the Defendant, and transferred KRW 11,624,00 to the D Co., Ltd. substantially controlled by the Defendant on May 9, 2016.

After that, the Plaintiff filed a complaint against the Defendant in fraud, and the Defendant agreed to pay 50 million won out of the Plaintiff and the total remittance amounting to 29,384 million won (=1,6240,000 won) (i.e., KRW 177,76 million), which is equivalent to 50 percent remaining after recognizing the Defendant as the investment money and equivalent to 14,6920,000 won remaining after deducting the amount already executed (hereinafter “instant agreement”).

Accordingly, on April 28, 2017, the Plaintiff withdrawn the complaint against the Defendant.

【Ground for Recognition】 1, 2, 4, 5-1, 2

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