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(영문) 수원지방법원 안산지원 2018.12.07 2018가단50362
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 9, 2018 to December 7, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. A. Around March 2009, the Defendant invested KRW 45 million in premium for a laundry factory located in D (hereinafter “instant laundry factory”) and KRW 10 million in lease deposit, etc. to C around March 2009.

On the other hand, on September 1, 2010, the Defendant had registered the instant laundry factory in the name of “E” as the location of the instant laundry factory.

B. However, as agreed by C, the Defendant did not deposit the sales amount of the instant laundry factory to the Defendant and did not pay the rent of the said laundry factory. Considering that the Plaintiff belonged to himself together with C, the Defendant submitted a written complaint to the FResearch Institute working for the Plaintiff from March 2010 on the relationship with the Plaintiff and the operation of the said laundry factory.

C. Upon the submission of the Defendant’s petition, the FResearch Institute held the personnel committee for the Plaintiff, etc., the Plaintiff and the Defendant agreed on April 9, 2010 (hereinafter “instant agreement”) as follows, and the Plaintiff paid KRW 10 million to the Defendant on the same day according to the instant agreement.

In relation to the relationship between the plaintiff and the defendant with C, the defendant and the defendant have reached an agreement on the money and patriotic relationship which occurred from 2009 to ever, and both parties shall keep one copy of each of them as follows:

1. The defendant shall withdraw all other acts such as the plaintiff's petition, explanatory note, telephone speech, etc. submitted to the plaintiff's workplace.

2. The plaintiff and the defendant shall not bring any civil or criminal action or raise any objection against this case after the difference.

3. With respect to the above paragraph (1) above, the defendant shall recover the petition or explanatory note and all other documents submitted to the plaintiff's work-related FResearch Institute, and shall not withdraw the petition and shall not complete all subsequent appeals, etc.

4. In relation to the above paragraphs 1 and 3, the withdrawal of the defendant against the plaintiff is confirmed.

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