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(영문) 창원지방법원마산지원 2015.08.12 2013가단13576
약정금
Text

1. The Defendant (Appointed Party) and the appointed parties D, and E shall be KRW 33,00,000 for each Plaintiff, and their amount shall be from October 15, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an organization established for the purpose of promoting the common interest of A trucking business operators, and the Defendant (appointed parties; hereinafter “Defendant”) and the Appointed D and E (hereinafter “Appointeds”) are private taxiing business operators, and are the Plaintiff’s members.

B. On September 2008, the Plaintiff established and operated a welfare charging station (hereinafter “instant charging station”) which is a ELPG gas (hereinafter “gas”) charging station. The Defendants and the designated parties raised suspicions, such as embezzlement, in relation to the operation of the instant charging station.

C. On June 26, 2013, the Plaintiff’s temporary emergency management committee held on June 26, 2013 decided to request the audit of certified public accountants at the end of the discussions on the special audit proposed by the Defendants and the designated parties in relation to the operating vision of the instant charging station.

According to the above decision, the head of the Plaintiff’s branch F, F, G, former management department H (hereinafter “F, etc.”), the Defendants and the designated parties drafted an agreement implementation note as follows (hereinafter “each of the instant notes”) on June 26, 2013.

(2) The head of the branch office and the head of the management office shall be legally responsible if the agreement under each of the instant notes is found to have been embezzled as part of the charging station of the head of the branch office (former, Management Department G) (former, Management Department H). (2) The audit client’s side: C, B, D, and E shall bear all the costs of audit (including official accounting revenue).

(The two sides shall bear the full amount of the costs of lawsuit resulting therefrom) 3) The person in charge (the employed and the person in charge of accounting) shall be legally responsible for embezzlement. 8) Any audit costs and retainers due to the special audit shall be paid first as the profit of the charging station.

Mali-Ma

E. On July 2, 2013, the Plaintiff entered into a service contract with Tae Young Accounting Firm in accordance with the instant agreement and entered into the instant charging station’s “gas storage and delivery, and gas inventory assets.”

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