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(영문) 수원지방법원안산지원 2017.06.08 2015가합21995
약정금
Text

1. The plaintiff A:

A. Defendant C’s KRW 353,950,00 and interest rate of KRW 15% per annum from September 4, 2015 to the date of full payment.

Reasons

1. Basic facts

A. From May 16, 2014 to January 21, 2015, Plaintiff A paid money several times to Defendant C for the purpose of selling and selling the secondhand machinery operated by Defendant C.

B. Defendant C, along with Defendant D, is a person engaged in the wholesale business of high-speed industrial machinery with the trade name “G” at Silung-si with Defendant D’s business registration certificate.

Defendant E is a person who transferred the H Bank account in the name of his own business registration certificate and E (G) to Defendant C’s management.

C. Plaintiff B is a corporation established for the purpose of manufacturing and selling electronic equipment, etc., and Plaintiff A was registered as an internal director by June 3, 2014.

Defendant F is a person who transferred the H Bank account in the name of F (I) to Defendant C’s management.

E. From June 11, 2014 to July 15, 2014, the sum of KRW 88,000,000 was transferred from the account of the Plaintiff Company B to the account of the said Hbank in the name of Defendant F (I).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 6, 11, 15 (including branch numbers), the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The Plaintiff, as the cause of the claim against Defendant C, claimed damages arising from joint tort with investment funds, loans, Defendant D, etc. under a special agreement on the repayment of principal due to the cause of the claim against Defendant C. The purport of the claim is to be interpreted as selective claimant.

(A) As between May 16, 2014 and December 18, 2012, Plaintiff A paid KRW 425,60,000, total amount of money for the sale of used double-public machinery under the following name between the parties, or between Defendant C and Defendant C, based on the evidence and the whole purport of the pleadings as stated in Section A’s Evidence No. 2, 16, 19, 20, 22, 23, 25, and 15.

(hereinafter this part of the money is hereinafter referred to as “one gold”). It is net time.

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