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(영문) 서울북부지방법원 2015.07.16 2014가합21001
약정금
Text

1. The defendant shall pay 240,000,000 won to the plaintiff and 20% per annum from April 1, 2014 to the day of complete payment.

Reasons

1. Basic facts: (a) around 2001, the Plaintiff established C Co., Ltd. (hereinafter referred to as “instant company”) for the purpose of manufacturing and selling malicious dust; (b) around 2002, the Defendant became the representative director of the company upon the Plaintiff’s request.

In the meantime, the above company was closed in around 2006 (the plaintiff consented to the closure of business), and the defendant's wife acquired all of the business such as the bonds and debts of the above company as the business body of the trade name "D."

[Reasons for Recognition] Unsatisfy Facts, entry of evidence Nos. 3, 5, 6, and 7, testimony of witness E and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff agreed to receive KRW 300 million from the Defendant for the recovery of investment in lieu of waiver of the right to the instant company around 2009. The Plaintiff sought payment of KRW 240,000,000 from the remainder after deducting KRW 60,000 already paid by the Defendant.

B. The Defendant did not conclude a contract with the Plaintiff to acquire the Plaintiff’s rights to the instant company, and there is no fact that the Defendant would pay KRW 300 million with the transfer proceeds.

The defendant is a long-term relationship with the plaintiff, and since the plaintiff invested expenses at the time of the establishment of the company of this case, only he paid the money to the defendant by requesting monetary assistance from the defendant.

3. In full view of the overall purport of the statements and arguments in the evidence Nos. 2, 3, and 5, the plaintiff sent e-mail to the defendant around August 22, 2009. As to this, the defendant sent 20,000,000 won to the account sent by the plaintiff around the 24th of the same month. The defendant sent e-mail to the defendant around the 25th of the same month. The plaintiff sent 20,000,000 won to the account sent by the plaintiff around September 15, 2009. After that, the plaintiff sent the receipt to the defendant around September 15, 200 that he received 20,000,000 won out of the trade price of the company of this case as 300,000,000 won, and the price of the company of this case was 300,000,000 won until December 5, 2009.

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