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(영문) 부산고등법원 2019.11.28 2018나57844 (1)
약정금
Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On July 1, 2009, C completed the business registration of “E” in the name of “E” and established Kwikset Service Business, and on April 17, 2012, C established G (hereinafter “G”) for the purpose of Kwikset Service Co., Ltd. (hereinafter “K”).

The defendant served as C's friendship from October 2010 to C's employee.

B. The Plaintiff transferred KRW 100,000 to G on November 7, 2012, to the Defendant’s father F, who was aware of his knowledge.

C. At around 2013, C borrowed five telephone numbers for business use used by G (hereinafter “the instant telephone numbers”) and KRW 1.3 billion from I Co., Ltd. (hereinafter “I”) as security for management rights to whom the funds were insufficient.

C on January 27, 2014, the Defendant established “L” as its representative.

G Co., Ltd. was virtually closed on March 6, 2014.

E. C was unable to repay the borrowed money to I due to its business depression, and the money I decided to directly operate the Kwikset Service Company through the instant telephone number, etc., the collateral.

(The name of the subscriber to the instant telephone number appears to have been transferred to I). Accordingly, L was changed to “L and H” (hereinafter “L”) on May 27, 2014, and P, I was added to the representative.

F. The Plaintiff, Defendant, C, and F agreed to recover management rights from I by subsidizing funds.

On June 18, 2014, Plaintiff, Defendant C, and I entered into an implementation agreement as follows, and draw up a certificate on the 19th day of the same month.

The main contents are as follows:

I (A), C (B), the defendant (A), and K (A) agree clearly that the performance shall be performed as follows:

1. The total amount to be repaid to A is KRW 1.32 billion and interest at least 3% per annum until the completion date of reimbursement.

2. Of the above amounts 30 million won, this Agreement.

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