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(영문) 인천지방법원 2020.10.22 2020나50853
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was established on January 16, 1997, and was deemed to have been dissolved on December 1, 2014, and was concluded on December 1, 2017.

The plaintiff is a person who was the representative director of the above company until after C is dissolved.

B. D Co., Ltd. (hereinafter “D”) was established on March 24, 200, and was deemed to have been dissolved on December 5, 201, and was concluded on December 5, 2014.

The defendant is a person who was the representative director of the above company from the date of establishment to the date of dissolution.

C. On November 6, 1998, C and the Defendant entered into a contract for the supply of goods with the content that grants the Defendant’s exclusive right to supply the Defendant’s products (E) in Gyeonggi-do and Incheon for two years.

The above commodity supply contract has been implicitly renewed, and after the defendant's establishment D, it continued to be a contract between D and C.

On December 27, 2000, the Plaintiff remitted KRW 9,99,000 to the Defendant’s account.

E. At C’s deposit account, KRW 25 million was replaced by cashier’s checks.

On January 10, 2002, the Defendant issued to the Plaintiff a letter of loan stating that “the Defendant borrowed KRW 25 million and repaid on January 19, 2002.”

F. The Plaintiff’s mother was replaced by KRW 50 million on November 13, 2002 at the Plaintiff’s deposit account of F.

On November 14, 2002, the Defendant: (a) prepared a loan certificate stating that “the loan shall be borrowed with KRW 50 million and repaid on May 30, 2003” (from the following to the loan certificate of this case, “each loan certificate of this case”) and delivered it to the Plaintiff.

G. On August 31, 2003, the Plaintiff and the Defendant prepared a settlement statement stating that “The above settlement shall be made as soon as possible, and the loans between them (C and D) shall be guaranteed by the company and individuals,” calculated as KRW 144,560,437.”

H. The defendant, on August 29, 2007, is called "the method of repayment" and "B is responsible for the debt of 100 million won to A to an individual and a corporation, and operates business.

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