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(영문) 의정부지방법원고양지원 2016.11.18 2014가합8301
약정금
Text

1. The Defendant’s KRW 570,000,000 and KRW 370,000 among the above money and KRW 570,000 among the above money, from April 8, 2013, and from the above money, 200 out of the above money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of producing broadcasting and e-mail.

The Defendant, while holding office as the representative director of the Plaintiff, resigned from office as the representative director on May 30, 2012, and on September 19, 2012, he also held office as the representative director of C (hereinafter “C”) of another company engaging in the business of producing broadcasting and e-mail.

B. On March 18, 201, when the Defendant was in office as the Plaintiff’s representative director, the Plaintiff entered into a “Telecommunications Work Contract” (No. 1) with D (written name E) with the content that “the Plaintiff shall write D in the form of a drama, upon commissioning D to write in the form of a Twitma theater 20/20 of the total amount of 70 minutes of the royalty (Special Planning), and the Plaintiff shall pay D in the form of a down payment of KRW 360,000,000 for a total of KRW 360,000 for the writing fee (18,000,000 won per time). Around that time, the Plaintiff paid D in the form of a down payment of KRW 170,00,000 out of the writing fee.

C. On September 19, 2012, the Defendant: (a) voluntarily resigned from the Plaintiff’s representative director; and (b) on December 18, 2012, the day immediately preceding the Plaintiff’s appointment as the representative director, the Defendant paid KRW 570,00,000,000, including the contract deposit, the contract deposit, and the planning fee, to F, which was the Plaintiff’s president, as of December 18, 2012, including the day before the Plaintiff’s appointment as the Plaintiff’s representative director; and (c) paid KRW 370,000,000,000,000, including the contract deposit, the contract deposit, and the planning fee, to F, which was the Plaintiff’s president, as of December 18, 2012.

However, in fact, the defendant has been in the amount of 2 billion won personal debt at the time, while the defendant did not pay monthly wage to the employees of the company that operated because there was no special revenue, and the defendant has not been able to repay the bank interest.

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