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(영문) 대구지방법원김천지원 2015.09.24 2014가합652
약정금
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

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

(hereinafter “this case’s agreement”). 【The ground for recognition” has no dispute, Gap evidence No. 1, Eul evidence No. 3-1 and No. 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent part of promissory notes and cash to Defendant B upon Defendant B’s request, and thereafter, the Plaintiff concluded the instant agreement to determine the amount of damages incurred by the Plaintiff due to Defendant B.

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