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(영문) 수원지방법원 안양지원 2018.01.26 2017가단109500
약정금
Text

1. As to KRW 33,373,657 among the Plaintiff and KRW 6,773,657 among them, the Defendant shall from December 31, 2015 to July 4, 2017.

Reasons

1. Basic facts

A. The Plaintiff operates a processing company, such as machinery parts, with the trade name of “C,” and the Defendant, from October 10, 2014 to December 30 of the same year, operated as the factory site of the king-si D, which was operated by “C,” and operated separately the parts manufacturer of E.

B. On August 5, 2015 and December 7, 2015 of the same year, the Defendant prepared and awarded to the Plaintiff each non-performance note (hereinafter “each non-performance note of this case”).

[Written non-performance of obligation on August 5, 2015] Party B agreed to pay KRW 26,600,000 to Party C (Representative A) as it works for the D factory of October 2014 to the end of December 2014, and caused damages to Party C (Representative A) due to his/her mistake, and KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

The remaining KRW 6.6 million is agreed to substitute the sales tax invoice as a supplementary tax invoice for three months.

Provided, That if the damaged part after the vehicle has been ordered, it shall be the same as the obligation has been discharged.

All of the above matters have been smoothly conducted by mutual agreement and, if not fulfilled, promises to impose civil and criminal penalties.

[Until December 7, 2015] The above person (E President B) promises to pay 6,773,657 won for the portion to be used from July 7, 2015 to December 7, 2015, the monthly factory year of Guang City, J. D from July 7, 2015 to December 30, 2015.

C. Meanwhile, the Plaintiff filed a complaint under suspicion of occupational breach of trust, occupational embezzlement, etc. by asserting that the Defendant, from October 10, 2014 to December 30 of the same year, received orders in the name of E, and that the Plaintiff used the raw materials kept in custody for the production of parts. However, the Defendant was subject to a disposition that was not suspected of being on April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, 11, Eul evidence No. 1, and the purport of the whole pleadings.

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