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(영문) 전주지방법원 2016.09.30 2015가합1009
정산금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In fact, the Plaintiff is a company that operates funeral agency business, etc., and the Defendant was a person who served as one of the directors of a limited liability company C (hereinafter “C”) that is engaged in real estate rental and sales business from March 12, 2013 to December 16, 2014.

The Plaintiff paid KRW 10 million on September 2, 2013 to E, a certified judicial scrivener, for the purchase of loans to be used as an employee accommodation, to the Defendant’s account under the name of a certified judicial scrivener; KRW 10 million on December 26, 2013; KRW 20 million on December 27, 2013; KRW 30 million on January 27, 2014; KRW 20 million on January 28, 2014; KRW 50 million on February 26, 2014; KRW 30 million on April 3, 2014; KRW 30 million on each side (i.e., remitting KRW 130 million on April 3, 2014; KRW 30 million on each of the Defendant’s names (i.e., KRW 30 million).

The Plaintiff incurred KRW 320 million to the Defendant in relation to F, etc., and the Defendant agrees to pay to the Plaintiff by December 31, 2015, the remainder KRW 180 million to the Plaintiff by giving all the documents for registration transfer or registration transfer to the Plaintiff, Inc., Ltd. (hereinafter referred to as the “G”). The Defendant agrees that the Plaintiff shall pay KRW 140 million to the Plaintiff by December 31, 2015.

special matters:

1.The rejection of such payments shall enter into force after the transfer of ownership, the loan against security of financial rights, and succession to the right of lease is completed.

2. Where there is a repayment from persons related to the occurrence of a debt, the respective amount of payment shall be subtracted from the amount of payment;

On December 2, 2014, with respect to the payment of KRW 320 million above, the Plaintiff was drafted by the Defendant’s memorandum of payment (hereinafter “instant letter of payment”).

On December 2, 2014, pursuant to the accord and satisfaction agreement in the above letter of payment, the Plaintiff between the Defendant, C, and the Defendant’s mother-friendly K under the name of G operated by the representative director of the Plaintiff’s J, and the Defendant’s studio 6 debentures and Jeonju-si located in G at the time of strike owned by the Defendant.

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