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(영문) 대구지방법원 2016.10.12 2016가단100123
약정금
Text

1.(a)

Defendant C’s KRW 30,00,000 to Plaintiff A as well as 5% per annum from April 1, 2014 to January 12, 2016.

Reasons

1. Determination as to Plaintiff A’s claim against Defendant C

A. Determination 1 on the cause of the claim 1) In fact, Defendant C introduced G to the Plaintiff and its father, “3Dless C&C development project”, and the Plaintiff and F transferred KRW 70,000,000 and KRW 30,000 to the Defendant C’s account designated by Nonparty C with respect to “3Dless C&C development project for the said project for the development of the film technology,” and the Defendant C transferred KRW 100,000 to the H account. However, G did not complete the project for the development of the said video technology, although there was no completion of the said project for the development of the said 3Dless C&D Non-Party, while the said project was completed, the said project was 3Dless, and the said court was 2013Hun-Ba6253, and 300,000,000 won (excluding the Plaintiff’s fine of KRW 100,000,000, Mar. 4, 2014).

(2) According to the above facts, the defendant C is obligated to pay to the plaintiff A the agreed amount of KRW 30,00,000 and damages for delay from the day following the date of the repayment agreement, in accordance with the agreement of this case, unless there are special circumstances.

B. Judgment on Defendant C’s assertion 1) The instant agreement was concluded by Defendant C’s intimidation and coercion, the father of the Plaintiff A.

B. When concluding the instant agreement with the Plaintiff A and F, Defendant C agreed to exempt Defendant C from liability for payment of KRW 30,000,000,000 to the Plaintiff, if there is an agreement that Defendant C would have received an amount exceeding KRW 50,000 from G and H, and F would be 50,000 from G.

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