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(영문) 서울중앙지방법원 2020.02.13 2019가단5163459
약정금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 82,96,084 and Defendant B with respect thereto from November 20, 2019, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. The plaintiff (before merger: D Co., Ltd.; hereinafter referred to as "the plaintiff") is a company whose main business is to manufacture and sell medicines and non-pharmaceutical drugs, etc., and the defendant B was working as the plaintiff's employee, and the defendant C was put to the defendant B.

B. From January 2, 2015 to March 31, 2016, Defendant B received KRW 243,233,453 from the Plaintiff to the Defendant B’s account and embezzled it.

C. On April 4, 2016, the Plaintiff filed a complaint with the investigative agency against Defendant B, and the Defendants agreed on the repayment of the above embezzlement amount as follows with the Plaintiff on April 12, 2016, and thereafter, the Plaintiff withdrawn the complaint with the Defendant B.

On January 2, 2015, from January 2 to March 31, 2016, each letter of performance, embezzlement and breach of trust of the proceeds of the business partner caused during the employment of the Plaintiff Company, thereby causing damage and injury to our country and its business partner.

Accordingly, without any condition, I agree that the damages incurred up to the present time under all all the prior responsibility will be repaid in good faith with the joint and several sureties jointly and severally, as follows, and will not raise any objection to the Plaintiff Company.

In addition, I do not raise any objection to the execution of compulsory execution on any additional legal measures and provision of security in the event that the payment is not performed twice and the performance is still performed in us in connection with the misrepresentation of the plaintiff company's business partners, etc.

-the details of completion of performance and expected performance of performance on April 1, 2016: KRW 4,754,576 (Completion of Set-off of retirement allowances): April 15, 2016: Decision 100,000,000 (the first repayment of retirement allowances) on April 15, 2016: Gangnam-gu E-Ba (hereinafter “instant loan”) on April 15, 2016: KRW 31,00,000,000 (the second repayment of retirement allowances was completed) on May 19, 2016: Decision 30,000,000 (the second repayment of retirement allowances was completed) on May 19, 2016; and

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