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(영문) 대전지방법원 2015.07.14 2014나17372
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

Judgment of the first instance.

Reasons

1. Basic facts

A. On August 19, 2013, Co-Defendant C of the first instance trial (hereinafter “C”) entered into an agreement with the Plaintiff that “The amount of KRW 50 million shall be KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)”

On the same day, the Plaintiff transferred KRW 50 million to C with the investment money under the instant agreement.

B. C was established on May 12, 2010 and the Defendant’s representative director was replaced on September 30, 2013 by E, and C is currently an internal director of the Defendant.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the defendant agreed to pay C the amount of the contract of this case to the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1 and 3 (including each number), defendant C was the representative director of the defendant company at the time of the agreement in this case, and the defendant C’s statement in the agreement in this case that “if it is impossible to return money by the agreed date, it would be possible for the defendant company to seize the fees that the defendant company would receive while operating a place restaurant at the Ulsan Construction Site.” The defendant C delivered the certified copy of the company register of the defendant company to the plaintiff, and the defendant company sent an electronic mail to the plaintiff around October 2013 that “the defendant company would make installment payments of KRW 50 million out of its debt owed to the plaintiff by the defendant company to the plaintiff at ten times.” The plaintiff can be acknowledged that the plaintiff refused the above proposal, but the above recognition alone imposes upon the plaintiff the defendant company the obligation of this case to the plaintiff under the agreement in this case.

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