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(영문) 의정부지방법원 2018.08.29 2017가합53392
약정금
Text

1. Defendant C’s 326,480,000 and the above amount are among the Plaintiff:

(a) From August 30, 2016 to August 30, 2017:

Reasons

1. Basic facts

A. The parties 1) The Plaintiff is a company engaged in textile manufacturing, wholesale, and export and import business. 2) Defendant C is a person engaged in textile manufacturing and processing business with the trade name “E” or “F,” and Defendant B is the wife of Defendant C, and Defendant D is the female of Defendant C.

At the workplace of Defendant C, Defendant B was in charge of accounting and restaurant support, and Defendant D was in direct service.

3) Around October 2014, Defendant C had registered the business of “E” in the name of Defendant D and operated the business of “E”, and around October 2015, Defendant C changed the trade name to “F” and registered the business under Defendant B’s name. B. A transaction between the Plaintiff and the Defendant C, the representative director of the Plaintiff, became known of the Defendant C who was engaged in the fiber processing business from around 1997.

Since around 2011, G has established the Plaintiff and Defendant C has been entering into a transaction, such as receiving a contract for original processing (afterwarding) from the Plaintiff. As for the work ordered by the Plaintiff to Defendant C, the Plaintiff has paid the price in advance.

2) On October 2015, Defendant C shall be the Plaintiff’s automatic scraper (hereinafter “instant machinery”) at his/her own place of business.

(2) On October 8, 2015, the Plaintiff transferred KRW 150,000,000 to Defendant D’s account on October 8, 2015. On the same day, the Plaintiff sent a contract for the installation of ever-called “the first contract” (hereinafter referred to as “the following contract”).

“Preparation” was made. At the bottom of the above contract, the name plates affixed with “E company D” and the seals affixed by Defendant D were affixed.

1. The Plaintiff shall pay to E the mechanical value of KRW 150,000,000.

2. The title of machinery shall be the plaintiff and the creation of a collateral security.

5. 150,000,000 won shall be deducted from the working expenses, and even if there is no plaintiff's fault, 30,000 won per annum or 50,000 won per annum.

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