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(영문) 서울중앙지방법원 2016.09.22 2016가단6864
약정금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) is a company that carries on business, such as real estate sale, and the designated parties E is a person who worked as the head of the branch office, the former and the head of the business division of the non-party company G branch of the non-party company, the Plaintiff, the designated parties D, and C. The Defendant (Korean name H) is a Chinese national who worked as an employee of the above company from September 2013 to December of the same year.

B. Around September 24, 2013, the Defendant, who was working for the non-party company, sought an explanation from the Appointor C that “I land shall be the father in the Republic of Korea,” and concluded a sales contract from the non-party company to purchase the land of Pyeongtaek-gun, Gangwon-do at a price approximately seventy-two times the officially announced value of the land.

C. Since then, the Defendant asserted that the above sales contract was fraudulent, filed a complaint with the designated party C (Seoul Southern District Prosecutors' Office 2015 type 49456), and filed a civil lawsuit (Seoul Central District Court 2015 group 75849) against the non-party company seeking return of unjust enrichment.

On August 28, 2015, when the civil criminal procedure following the filing of the complaint and the filing of the suit was in progress, the Defendant received KRW 40,000,000 from the Plaintiff and the designated parties and withdrawn both the above complaint and the lawsuit on the same day.

With respect to the instant case other than C, which is the Defendant of the instant case, the Defendant of the instant 2015 type No. 49456, the complainants agree by the Defendant and the reference witnesses (referring to the Plaintiff, the appointed parties E, and D; hereinafter the same shall apply) as follows:

1. H receives gold million won from the Defendant and withdraws this case’s complaint, and the person concerned from the sale and purchase of this case’s complaint shall not file any criminal and civil lawsuits.

3. H does not slander Co., Ltd. F and instigate other buyers.

4. He affirms that no involvement has been made in respect of the J case, and this case thereafter.

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