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(영문) 수원지방법원 2017.08.31 2016나67103
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited the reasoning of this case is that the part of the judgment of the court of first instance, 6.19 to 9.7 of the judgment of the court of first instance, "2.2" of the judgment of the court of first instance, is identical to the corresponding part of the judgment of the court of first instance, and thus, it shall be cited in accordance with the main sentence of Article 420

“2. Determination

A. According to the facts acknowledged earlier, the Defendants entered into the agreement between the Plaintiff on December 1, 2014, with the view to the charge of violating the Computer Program Protection Act against the Plaintiff’s representative director, directors, and the Defendants, and with respect to each criminal case brought up by the Defendants on the charge of occupational breach of trust (hereinafter collectively referred to as “instant criminal case”). As to the entire attorney’s fees incurred to the Plaintiff and the Defendants (hereinafter referred to as “instant attorney’s fees”), the Defendants agreed to bear the attorney’s fees to be borne by the Defendants in equal shares (hereinafter referred to as “instant contract fees”). The Defendants agreed to the Plaintiff at the time when the Plaintiff requested the payment of the instant contract payments to the Defendants and at the time when the Defendants were retired from the Defendants’ retirement, and thereafter, the Plaintiff entered into the agreement with Defendant C on April 14, 2015 with the Plaintiff’s complaint, including the Plaintiff’s expression of intent to seek reimbursement against the Defendants prior to the discharge of the Defendants, and thus, the Plaintiff’s claim against Defendant C on April 18, 2014, 2014.

따라서 피고들은 다른 특별한 사정이 없는 한 원고에게 이 사건 약정에서 정한 각 26,166,666원(≒ 위 78,500,000원 ÷ 3)과 각 이에 대하여 이 사건 소장 부본이 피고들에게 각 송달됨으로써 도래한 변제기 이후로서 원고가...

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