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(영문) 대전지방법원 2016.10.14 2015가합103450
미수금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 322,462,307 and the interest rate of KRW 20% per annum from March 13, 2015 to the day of full payment.

Reasons

Facts of recognition

The plaintiff is a manager of the Debtor Rehabilitation Debtor A (hereinafter referred to as the "A") operated by Chungcheongnam Namsan.

A entered into an entrusted operation agreement with the defendant for food and beverage facilities from February 2014, and was paid the fee for the sales from the defendant.

On the other hand, A had already exceeded its liabilities on the basis of the end of 2013, and it was difficult to conduct normal business due to the seizure of the company's operating account while the lawsuit for return of membership was pending in relation to a significant portion of the obligation to return membership at the time.

Accordingly, in order to secure operating funds, A used not only the Defendant's sales of food and beverage facilities, but also the sales of A such as green fee, cart fee, etc. arising from E to the Defendant's account by using the Defendant's card size.

A’s sales deposited together with the Defendant’s account, and the overall management of the Defendant’s account was entrusted to A, and accordingly, A’s remainder, excluding the share of expenses (fee, cart expenses, and fees for the sales of food and beverage facilities), was operated by paying to the Defendant.

If A's business is not improved, A's creditors filed an application for commencement of rehabilitation proceedings against A on August 2014, and around November 2014, B was appointed by administrator B and the rehabilitation proceedings against A began.

On January 2015, the business of Daejeon District Court 2014 Ma5013) was managed by the rehabilitation court. As a result, the defendant's account cannot be used as stated in the above paragraph (b), A and the defendant made it necessary to settle the existing financial relations around January 2015.

Accordingly, on February 11, 2015, the Plaintiff entered into a settlement agreement with the Defendant with the following content:

(hereinafter referred to as “the instant reconciliation contract”). Full text of the reconciliation contract

2. As of February 15, 2014, the Defendant entered into an agreement on the consignment operation of food facilities with A as of February 15, 2014, and fulfilled the obligations under this case’s consignment contract, but has aggravated financial standing.

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