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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Basic facts
A. From around 2004, while working as an employee in C operated by the Defendant, the Plaintiff paid KRW 50,000,000 to the Defendant around 2006, and began to work with the Defendant. On November 13, 2009, the Plaintiff entered into a performance contract with the Defendant on the completion of groundwater cooperation with the following contents (hereinafter “instant contract”). The instant contract was written by D, and signed by the Plaintiff and the Defendant affixed their seals thereon.
▣ 이행방법 ① “갑(피고를 말한다)”을 이행자, “을(원고를 말한다)”을 이행받는자, “병(D을 말한다)”을 참고인으로 한다.
(2) The appraised value of intangible property shall be one hundred million won, including intangible property.
(3) The amount adjusted by 1/2 following the completion of cooperation shall be the amount adjusted.
▣ 정산방법 ① 정산액은 5,000만 원으로 한다.
(2) The repayment method of the settled shall be as follows:
60% of the settlement amount is 28 February 28, 2011 as of the end of the fiscal year of the subsidized project.
first of all, settlement shall be made.
The remainder 40% shall be repaid at least 20% per year before the end of each year.
- The interest shall be paid in the amount of a loan and interest at the end of the year when the loan is not performed.
▣ 하자정산액 ① 하자보증예치금으로 “을”의 미수금 2,000만 원으로 한다.
(2) When guaranteeing defects, the settlement amount of "A" and "B" shall be verified by "A".
(3) The defect period shall be five years, and the amount excluding ten percent of the balance at the time of termination shall be paid to "A".
- The amount of interest on loans at the end of the year in which the unpaid loan is to be paid to “B”.
B. Even after the liquidation of a partnership relationship as above, the Plaintiff continued the development of groundwater by being employed by the Defendant until September 2010.
C. On May 20, 201, the Defendant paid KRW 10,000,00 to the Plaintiff as part of the settlement amount under the instant contract.
On November 23, 2011, the Plaintiff applied the Gwangju District Court's net support against the Defendant.