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(영문) 인천지방법원 2016.08.17 2015가단226655
기타(금전)
Text

1. The Defendant’s KRW 11,263,431 as well as the Plaintiff’s annual rate from July 23, 2015 to August 17, 2016.

Reasons

1. The Plaintiff and the Defendant entered into a partnership agreement on May 29, 2014, when operating gold-type manufacturers (mutual name: C; hereinafter “instant manufacturers”).

During the business period of the instant company, the instant company operated mainly as the exclusive sub-contractor of the KCAC (hereinafter referred to as the “Non-Party Company”) and the sales bond received from the non-Party Company as shown in the attached Form 2 was the most part of the hospitalization of the instant company.

In February 2015, the non-party company acquired technical human resources, including the plaintiff, and major equipment, etc., and the operation of the company of this case was actually completed around that time.

Until now, the defendant has deposited and received the income, etc. of the company of this case through an account in his name (company D). Among them, the amount of the settlement of accounts paid ultimately to the defendant is 68,021,095 won (including the balance of the above account as of October 20, 2015).

On the other hand, the sum of the amounts paid by the Defendant to the Plaintiff is KRW 80,650,00 (including the amounts paid during the lawsuit in this case).

[Ground for Recognition: Facts without a partial dispute, Gap evidence 1, Eul evidence 1 and 2 (including partial number of proof; hereinafter the same shall apply)

(B) the company bank's financial transaction information;

2. Determination as to the cause of action

A. The Plaintiff filed a claim for settlement of accounts, in addition to KRW 68,021,095 as seen earlier, shall include KRW 2,00,00,00 which the Defendant received separately from the amount in dispute amount of KRW 68,073,408 and E (F) in attached Table 3 used by the Defendant for personal purpose, and in the case of this calculation, the settlement amount paid to the Defendant is more than KRW 57,44,503 ( KRW 68,021,095, KRW 68,073,40,000-80,000-80,650,000-80,000,000 for the settlement of accounts for the same business, and shall be paid to the Defendant in excess of the amount in dispute amount of KRW 28,722,251 ( KRW 57,444,503 x 503 %) and damages for delay; hereinafter the same shall apply).

In the instant case, spam, etc.

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