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(영문) 수원지방법원 2019.10.30 2018가단538554
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 was the Defendant representative director from February 21, 2017 to January 10, 2018.

C and D are in-house directors of the defendant from February 21, 2017 until now, and among them C have taken office as defendant representative director after the resignation of the plaintiff.

B. On January 10, 2018, the Plaintiff prepared a letter of performance (No. 4-1, hereinafter “instant letter of performance”) as shown in the attached Form, as between C and D.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1-2, Gap's evidence 4-1, the purport of whole pleadings

2. The Plaintiff sought reimbursement of the rental construction material loss amounting to KRW 23,702,80 (2), rent of KRW 20 million (3), loan of KRW 25 million (4), and KRW 72,502,800 (5) in total, and delay damages amounting to KRW 3,800,000 (5) as indicated in the letter of performance of this case. The Plaintiff assumes that either the party to the letter of performance of this case or the obligor for each of the obligations described in paragraphs 2,3,4, and (5) is the Defendant.

3. In the statement of the execution note of this case, the parties to the above statement are C and D, and are not the defendant.

Only the evidence submitted by the Plaintiff alone, it is difficult to view that the actual obligor is the Defendant, or that each of the obligations specified in letter 2, 3, 4, and 5 above is the Defendant’s obligation.

Therefore, the plaintiff's assertion is without merit.

4. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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