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(영문) 인천지방법원부천지원 2016.01.27 2015가합1504
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and B’s suspension of the transaction of goods supply and unpaid goods 1) Plaintiff from September 2009 to B (hereinafter “B”).

) The printing circuit board (PCB) has been supplied to B. At the time of closure of B, B closed the business on December 26, 2012. (2) At the time of closure of B, B, the price for the goods that the Plaintiff had not received from B was KRW 616,437,034, but the Plaintiff recovered KRW 311,624,992 through the surety insurance, and subsequently, the Plaintiff recovered KRW 312,042,042 (=616,437,034 - 31,624,992) for the goods of the Plaintiff for B.

B. The Defendant’s establishment and the commencement of goods supply transaction with the Plaintiff, and C et al., who were employees of B et al., established the Defendant on February 13, 2013 following the closure of B, and began to engage in goods transaction with the former transaction partners, including the Plaintiff. 2) From February 2013 to December 29, 2013, the Defendant began to be supplied with the printed circuit board (PCB) from the Plaintiff. From September 6, 2013 to December 29, 2014, the Defendant paid the Plaintiff KRW 91,748,504 in addition to the amount of goods for the printed circuit board.

[Reasons for Recognition] The Gap evidence Nos. 1, Eul evidence Nos. 1 to 17 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The representative director D in the summary of the Plaintiff’s assertion and C, the former representative of the Defendant, have established the Defendant, and at the time of requesting the Plaintiff to resume the transaction of goods supplied by the Plaintiff, the Plaintiff agreed to “30% of the remainder of KRW 304,812,042, which remains after deducting KRW 311,624,92, which the Plaintiff recovered from the guaranteed insurance, from KRW 616,437,034, which was not paid by the Plaintiff, shall be 30% of the remainder of KRW 304,812,042, which the Defendant paid, and the remainder of 70% would be able to be appropriated from the profits that the Plaintiff sustained while making a continuous transaction for 36 months.”

(hereinafter “instant agreement”). Around February 2013, the Plaintiff began transactions with the Defendant.

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