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(영문) 인천지방법원 2016.10.26 2016가단5367
약정금
Text

1. As to the Plaintiff’s KRW 180,00,000 and KRW 54,000,00 among them, Defendant B’s cooperatives shall be from January 1, 2016 to February 1, 2016.

Reasons

1. Basic facts

A. The status of the party is 1) Defendant B Cooperatives (G Cooperatives from November 19, 2012 to B cooperatives, the name of which is changed from November 19, 2012, and the name of which is changed, rather than distinguishing before and after the mutual change.

(2) The Plaintiff was a director of the Defendant Union and resigned on April 28, 2006. Defendant C is the head of the Defendant Union, Defendant D, E, and F. The directors of the Defendant Union.

B. The judgment in favor of the ice Co., Ltd. and the judgment of execution 1) ice Co., Ltd. (hereinafter “ice Co., Ltd.”)

(2) On March 1, 2006, if ice provides the Defendant Cooperative with a ice-cream product, the Defendant Cooperative shall deposit the purchase price with the first business day of the following month, and on condition that ice-cream will pay 240,000,000 won of the sales incentive to the Defendant Cooperative for three years, on condition that ice-cream will pay 240,000,000 won of the sales incentive to the Defendant Cooperative (hereinafter “instant agency contract”).

At the time, the Plaintiff and the Defendant C et al. jointly guaranteed all of the obligations to the Defendant Cooperative on the ice, which may arise from the instant agency contract, and the instant agency contract was terminated due to nonperformance of the agreement made by the Defendant Cooperative. Accordingly, on December 18, 2007, the Incheon District Court rendered an application for provisional execution against the Defendant Cooperative, the Plaintiff, and the Defendant C et al. for the commencement of compulsory auction (156,78,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000 won, which was 19,00,000,000,000,000,000,0000,000 won, which was declared as a favorable judgment on September 25, 2008).

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