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(영문) 대구고등법원 2016.10.05 2015나24080
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff was the representative director of D Co., Ltd. (hereinafter “D”) established on March 12, 2003, and the Defendant was the representative director of D Co., Ltd. (hereinafter “C”).

The above-mentioned representative director B(E) A of the representative director B(E) A of the C Co., Ltd. shall have agreed and promised to perform the following:

- - The following:

1. (Real Estate Sale Matters) - Party A shall take over the medicinal wood plant of Party B for KRW 600,000,000 and shall cooperate before termination and with Party B for the acquisition and creation cost of Party A.

- Party A and Party B permit dual contracts of KRW 900,70,600,000,000, and Party B is notarized in advance to Party A so that the real estate of a pharmaceutical plant sold to Party A may be sold again to a third party, and Party A is responsible for arranging a lease contract for the right to occupy and use a pharmaceutical plant, and Party A sells a pharmaceutical plant of KRW 700,000,000,000,000,000,00.

- A and B shall, where necessary, take follow-up measures, such as provisional registration, third party attachment, and release of main points, which have occurred by mutual agreement.

2. (Relation to Settlement of Accounts) - The unpaid balance arising before the west between A and B shall be KRW 270 million.

- Eul shall take a measure subsequent to the issuance of tax invoices of KRW 14,059,00,00 on condition that Party A wishes.

- The settlement of Gap shall be dealt with in combination with paragraph 1 above, and subsequent measures shall be taken to ensure that Eul is not subject to legacy (third parties).

A B B B A

B. On January 6, 2011, D and C drafted an agreement with the following content (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned lent a promissory note and part of cash to the defendant at the defendant's request, and thereafter determine the amount of compensation for the damage suffered by the plaintiff to the defendant.

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