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(영문) 전주지방법원 군산지원 2018.07.19 2016가단10273
매매대금등
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 130,000,000 and the interest rate thereon from December 17, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 20, 2015, the Plaintiff and C promised not to demand rights and obligations to the Defendant Corporation and C in any case, while in office as a joint representative director of the Defendant Corporation or as a joint representative director of the Defendant Corporation, and thereafter not to require the Plaintiff to participate in the business of the Defendant Corporation. 1. On April 20, 2015, the Plaintiff and C drafted a letter of commitment stating that “C shall pay the Plaintiff KRW 100,000,000,000 to the Plaintiff.”

B. On March 30, 2016, Defendant Corporation’s “Defendant Corporation” to the Plaintiff on March 30, 2016, with respect to KRW 100 million and 30 million investments to the Plaintiff.

4. 10.65 million won;

5. Promising to pay 65 million won.

c) the Defendant’s undertaking to pay KRW 100 million to the Plaintiff on May 25, 2016, the amount of KRW 30 million to the Plaintiff by June 20, 2016.

“To this end, I have drawn up a letter of commitment. D.

On May 25, 2016, the Plaintiff resigned from the representative director of the Defendant Corporation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant corporation is jointly and severally liable to pay to the Plaintiff KRW 130 million with C, as well as damages for delay calculated at the rate of 15% per annum from December 17, 2016 to the day following the delivery of a copy of the instant complaint, to the day of complete payment.

B. The Plaintiff and C confirmed that the Defendant corporation’s assertion on the assertion of the Defendant corporation falls short of KRW 30 million while arranging the account books of business partners of the Defendant corporation and taking over the business affairs.

Accordingly, the defendant corporation is the plaintiff with the above 30 million won.

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