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(영문) 대구지방법원포항지원 2017.06.09 2016가합11559
약정금
Text

1. The Defendant’s KRW 2,650,810 as well as the Plaintiff’s annual rate of KRW 5% from November 19, 2016 to June 9, 2017.

Reasons

1. Presumed facts

A. The plaintiff and the defendant are South Korea.

B. On August 11, 2008, the Plaintiff purchased registration number D, type LTM 1120/1, size 132 tons, chassis E, etc. (hereinafter “instant tea”) from C at the Defendant’s recommendation, and completed the transfer of ownership on October 13 of the same year while changing the registration number to F.

C. Around September 2008, the Plaintiff entrusted the Defendant with the management and operation of the instant cranes. Accordingly, the Defendant, from around that time to May 201, set up a place of business in the Chungcheongnam-do, and received documents, etc. on credit cards (non-SCC G) and business accounts in the name of the Plaintiff from the Plaintiff from the Plaintiff, and managed and operated the instant cranes at the construction site in the Sigjin-si Factory Co., Ltd.

On May 19, 2011, the Plaintiff and the Defendant terminated the entrustment contract for the management and operation of the instant lifts, and the Plaintiff purchased and entrusted the management and operation thereof to the Defendant. The Defendant terminated the entrustment contract for management and operation as follows.

2. From July 2007 to April 2008, the Plaintiff shall pay 15,000,000 won to the Defendant, through the Defendant, to the Defendant, that the Plaintiff invested 1/2 shares in JJ Le and paid to the Defendant out of the operating profits.

3. The Defendant, on the commission of the Plaintiff, manages and operates the instant tea from September 2008 to May 201, 201, deducted KRW 5,00,000 per month from the Defendant’s salary, and the Plaintiff did not raise any objection to the civil or criminal charges regarding the disbursement of all expenses for operation.

4. The Plaintiff shall pay to the Defendant the amount of money settled as follows, such as the amount of wages for articles employed by the Defendant, the amount of oil paid, the amount of money payable, the amount of money payable, and the amount of money payable by the Defendant, as set forth in the above Paragraph 1.

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