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(영문) 대전지방법원 2019.07.12 2018나115878
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On the basis of fact-finding: The plaintiff (Seoul Eastern District Court 2018Gadan135912) confirmed the parties to the case (Seoul Eastern District Court 2018Gadan135912) and as a result, "D" appears to be a clerical error. The defendant (C Chairperson) and Eul agreed to transfer or take over as follows, and for any reason, the defendant (C Chairperson) agreed to perform as follows, and two copies are prepared and kept in one copy, respectively.

- - The following:

1. On January 3, 2017, the value of the object of equipment shall be recognized as KRW 36,500,000 in the transfer of the relevant crushing equipment to C.

2. The 16.5 million won, which A already remitted to B, was “A remitted to B” in the Megical note of this case, but, in the overall context, appears to be a clerical error in the “B remitted to B.”.

It is a part in which the parties are not particularly problematic.

The term “A” means mutual recognition of the instant pulverization equipment as a down payment, and the remainder of KRW 20 million is a bank loan (the claim of B: the first-come-served order of May 2017) that is promoted B and deposited.

3. If the above-mentioned paragraph 2 is not reached, this letter shall be drawn up, by May 19, 2017, promising payment from the operating funds of C to the Plaintiff as the Plaintiff’s passbook.

On April 24, 2017, around April 24, 2017, between the Plaintiff and the Defendant, who had the vice president of C Co., Ltd. (hereinafter “C”) (hereinafter “C”), and the president, written a letter of non-performance of the following contents (hereinafter “written non-performance of the instant land”) with respect to the transfer of pulver equipment (hereinafter “instant pulverization equipment”):

(In fact that there is no dispute, No. 1).2. Judgment

A. In light of the content and the preparing entity of the instant letter of non-performance (the Defendant’s personal signature, which is not the seal of the Ccorporate seal), the party to the obligation to perform the contractual deposit requested by the Plaintiff is clearly the Defendant, and the instant case.

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