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(영문) 대전지방법원 2016.08.30 2014가단26351
약정금
Text

1. The Defendants jointly share KRW 86,447,660, as well as 5% per annum from March 26, 2015 to August 30, 2016, and thereafter.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that operates advertising materials using solar energy machinery, steel structure, new and renewable energy business, etc., and Defendant C is a person who actually operates the Defendant Company.

From May 2013, the Plaintiff used the position as a business director of the Defendant Company and operated the business so that the Defendant Company may order the work.

B. On November 28, 2013, the Plaintiff and the Defendants drafted an agreement with the Defendant Company stating that “The Plaintiff shall pay 4% allowance within seven days after the payment of the construction amount to the Plaintiff’s business contracts under solar power generation projects.”

(hereinafter referred to as “instant agreement”). C.

The Defendant Company concluded a construction contract (hereinafter “each of the instant construction contracts”) with respect to the construction of electric saving machines (LED reduction machines, ESCOs) or solar power generation facilities as follows and received the payment of the construction cost as follows:

On August 20, 2013, the other party to the contract (representative E) may terminate the contract in the state of payment of the contract deposit of KRW 300,000,000,000 for the solar power generation work of 1.1 billion, the contract price of KRW 78,000,000,000,000 to 30,000,000,000,000 to 30,000,000,000,000 for 30,000,000,00,00,000, KRW 33,000,00,00,000,000,000, KRW 1.3,000,000,000,000,0000, Party A, the contract price of KRW 208,191,500,000,000,000,000.

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