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(영문) 서울서부지방법원 2014.09.04 2014가단19892
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 Defendant issued, respectively, to the Plaintiff, promissory notes with “The payment date of KRW 35,00,000” and “The face value of KRW 25,00,000 on February 28, 2008, and the face value of KRW 25,000 on the payment date.”

B. On July 12, 2006, the Defendant was appointed as the representative director of D Co., Ltd. (hereinafter “D senior shop”) with its main office located in Go Chang-gun, Chang Chang-gun, Seoul.

C. On December 19, 2006, the Defendant concluded a lease contract with the non-party F, who operated a limited company D (hereinafter “D military store”) on the first floor of the building E in the Gunsan-si, by setting the lease deposit amount of KRW 30,000,000 for the above D military store, from December 19, 2006 to May 31, 2010.

The defendant, as a representative of D Co., Ltd., issued and issued a check of shares with the contents as indicated below to the plaintiff et al.

The issue date of the check number issuance Nos. 1 G Co. 25, 2000,000 on May 20, 2007, H Co. 35,000,000,000

The defendant was closed down while operating D's main points and 's main points', and the plaintiff et al. presented payment within the time limit for presentment for payment as the holder of the above check, but the above check was rejected due to the shortage of deposit.

The Defendant was indicted for violating the Illegal Check Control Act (Seoul District Court Decision 2007 High Court Decision 2007 High Court Decision 289, 383) and recovered 2 copies of the said check by paying KRW 10,000 to the Plaintiff who is the holder of the said check in the course of trial.

[Grounds for Recognition: Evidence Nos. 1, 2, Eul's Evidence Nos. 1 through 3, and the purport of the whole pleadings]

2. On March 8, 2006, the Plaintiff entered into an oral agreement with Non-Party F to pay the Plaintiff KRW 60,000,000 from March 8, 2006 to Non-Party F, for the construction cost of 220,000,000, and for the construction period of 20,000,000 from March 8, 2006 to May 10, 2006. The Plaintiff did not receive KRW 60,00,000 out of the construction cost. The Plaintiff entered into a verbal agreement with the Plaintiff to pay the Plaintiff KRW 60,00,000 on behalf of the Plaintiff.

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