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(영문) 대구지방법원 2018.11.21 2018나305343
가공대금 등
Text

1. Of the judgment of the court of first instance, the part against Defendant C in excess of the following amount ordered to be paid.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the business of manufacturing gold-type, such as gold-type, with the trade name of “E,” and Defendant B is a person engaged in high-tech sales and processing business under the trade name of “C,” and Defendant C Co., Ltd. (hereinafter “Defendant Company”) established a gold-type manufacturing business, etc., and is currently the representative director of the Defendant Company.

B. On January 2015, the Plaintiff issued the said promissory note upon requesting the Defendant B to discount the serial number F, face value 29,920,000, issuer G, and due date on December 27, 2015, but did not receive the discount amount.

C. By December 31, 2015, the Plaintiff did not receive KRW 5,387,400 from Defendant B’s processed fluorculous processing.

The Plaintiff agreed with the Defendant Company on January 11, 2017, as follows, even though he/she had been engaged in black process with the Defendant Company by November 30, 2016, but did not receive the processing cost.

(hereinafter referred to as “first agreement”). - Details of repayment: Black processing expenses - Repayment schedule: The amount of redemption as follows: 49,435,600 won - Total amount of credit shall be determined under mutual agreement and an agreement shall be made to reimburse 80% of the total amount of credit from December 27, 2016 to May 27, 2017, in good faith, to consult on the balance on May 27, 2017 if the implementation of the first agreement is faithfully made. - The best would be made to make sure that the promise is carried out each month, while the promise is carried out more than twice.

E. Since February 14, 2017, the Plaintiff agreed on the processing costs with the Defendant Company as follows.

(hereinafter referred to as “second agreement”) . - Repayment details: Black processing price - Repayment schedule: 49,435,600 won as follows 27th day of each month: - Verification that the upper amount is the amount agreed upon between the Plaintiff and the representative director of the Defendant Company - 80% of the total amount from January 27, 2017 to May 27, 2017 shall be repaid in good faith, and in the case of compliance with the said contents, May 27, 2017.

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