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(영문) 대구고등법원 2015.09.02 2014나4140
약정금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells gold-type and sprinking products and supplied gold-type and sprinking products to Defendant A (the actual manager of C and C is Defendant B) from February 2012, 201, but did not receive the price for the gold-type and sprinking.

B. Accordingly, on October 23, 2012, the Plaintiff adjusted the price of the goods unpaid to the Plaintiff by Defendant A as KRW 385,00,000 (the Defendant alleged to be a clerical error in the amount of KRW 380,380,140 (the Defendant did not have any evidence to acknowledge it), and the gold-type 33 punishment as above is KRW 327,00,000 (=the amount indicated in Article 1(2) below) at KRW 200,000 (the amount indicated in Article 1(3) below) (the amount indicated in Article 1(3) below). The Plaintiff prepared an agreement with the Plaintiff regarding the payment method of the remainder of the goods payment and future transactional relationship after he appropriated part of the price of the goods unpaid to be appropriated for payment of KRW 200,00,000 among the transfer price, as follows:

Details of a contract: 'products not exceeding 'bridges' and bridges'

A (Defendant A; hereinafter the same shall apply) the unpaid amount for production and gold-type.

B is the defendant B who is the joint and several surety.

b)Jate (the plaintiff, hereinafter the same shall apply);

Article 1(2) of the Trade Union and Labor Relations Commission Act (amended by Act No. 1010, Dec. 3, 2011) provides that “A” shall provide “A” with good faith for the remainder of the supply price upon Party A’s request, as described below. “A” shall provide “A” with good faith for the balance of the supply price, as well as for the production price and the supply price of goods supplied by Party C. (The details of obligations shall be separately determined and arranged.

1. A recognizes the balance unpaid as KRW 385,00,000, which was confirmed and recognized by both parties based on the specification data of transactions;

2. Sick shall be from Gap.

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