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(영문) 전주지방법원 2020.07.22 2019나4864
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Defendant is a company with the purpose of the business of aggregate extraction. D was the Defendant’s director from May 1, 2012 to January 7, 2014, from January 28, 2015 to February 2, 2015, and the Defendant’s joint representative director from February 16, 2015 to September 7, 2015. E was appointed as the Defendant’s representative director on October 22, 2015. (2) D, as the Defendant’s representative director, as the Defendant’s representative director, on August 27, 2014, as the Plaintiff’s representative director, prepared the following: (i) the interest rate of KRW 1,100,000,000 to December 30, 2014, and (ii) the amount of each of the instant receipts and certificates of cash borrowed (hereinafter “the instant certificates and certificates”).

(The above loan certificate has the defendant's corporate seal affixed to it). (b)

Plaintiff, Defendant, F, and C Co., Ltd. 1) The Defendant is in relation to the business of collecting earth and stones on four parcels, including Go Chang Chang-gun, Jeon Chang-gun, Jeonbuk-gun, and four parcels, and is in relation to the business of collecting earth and stones on October 23, 2014.

B) On May 12, 2015, the Plaintiff, the Defendant, and the F entered into a contract with F to supply tin to the Defendant. On June 12, 2015, the Plaintiff, and the Plaintiff entered into a contract with F to supply tin as KRW 500,000,000 on June 10, 2015, and KRW 300,000,000 on August 30, 2015, the Plaintiff paid 1,100,000 of the Plaintiff’s credit against the Defendant and KRW 500,000,000 among the Plaintiff’s credit 1,00,000,000,000, and the remaining 600,000,000,000,000,000,000 were to be paid to the Defendant for a period of 12 months. The F’s sales corporation shall be selected as a limited liability company; Defendant C’s 25,05,05,05, etc.

The defendant shall pay a certain fee to C out of the prime price received from F, and the F shall recognize a certain amount as the sales closing of C in the selling price of clothes, etc.

C shall be paid in cash for clothes, etc. to an account designated by the F, on October 23, 2014.

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