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(영문) 서울고등법원 2020.03.20 2019나2004456
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Plaintiff (Counterclaim Defendant), Defendant B Co., Ltd., 103,214.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing, selling, etc. gold-type machinery and tools parts and the Plaintiff actually operates as the representative director or his husband, and the Defendant B is a company established for the purpose of manufacturing, selling, etc., such as cryp, winding, and air transmission machines, and the J actually operates it by the representative director or his husband, and the Defendant C is a representative director. The Defendant C is a company established for the purpose of manufacturing and wholesale ventilation, etc.

B. On March 5, 2014, the Plaintiff received 120,000,000 won for gold production from Defendant B, and the remainder of the expenses invested by the Plaintiff, and entered into a gold-making contract with Defendant B with the effect that the Plaintiff would produce gold papers for parts, such as pande, pande, pande pande, the date when the Plaintiff enters pande, pande pande, the date when the Plaintiff enters pande, pande pande, the pande pande, and body body, and then the Plaintiff would produce and supply parts in gold with the order of Defendant B to collect the funds invested in gold production by profits therefrom (hereinafter “gold-making contract”).

C. Defendant C was established on October 30, 2014. Around that time, the date of preparation between the Plaintiff and Defendant C drafted a gold-type development agreement (Evidence A6) with the same content as the gold-type development agreement retroactively from March 5, 2014.

Defendant B paid to the Plaintiff the sum of KRW 143,095,000 over six occasions as indicated below.

The method of paying a promissory note of KRW 25,095,000, as evidence of the payment method of the amount on March 5, 2014, as of March 5, 2014, shall be 2-21, 2034 August 21, 2014; and a promissory note of KRW 20,000,000 shall be 2-5,000 in the aggregate of KRW 2-5,000 on August 28, 2015, 2-5,000 in the amount of KRW 2-5,00 on August 28, 2015, 200 in the aggregate of KRW 26-143,50,00 in the amount of KRW 20,00 on August 26, 2015.

E. On February 26, 2016, the Plaintiff entered into a contract with Defendant C with the content that part of the Sicopanty, dynamics, and filled-in panty shall be produced and supplied until March 30, 2016.

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