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(영문) 서울남부지방법원 2016.01.20 2015가단13830
약정금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a company established on November 2, 199 for the purpose of running electrical construction business, construction business, etc.

The defendant served from July 1997 to May 2003 with the non-party corporation, a separate corporation, the plaintiff, and worked in the construction of a private company D, a non-corporate entity from February 2004 to January 2007.

B. At around 2006, D Construction Co., Ltd. was not paid the construction cost after obtaining a seal construction from the beneficiary engineering company. In relation to the above construction cost, the Defendant prepared a letter stating that “I shall be liable for the construction cost ordered by the beneficiary engineering company, which shall not be paid until November 3, 2006, and shall compensate for the amount equivalent to 80% of the construction cost. The settlement of the compensation shall be repaid from retirement pay and monthly pay, and shall not raise any objection thereto,” and issued it to A’s actual E.

C. After that, on February 14, 2007, the Defendant issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) consisting of the payee A Company F and the payment date May 20, 2007, and the face value of 52,000,000, and delivered them to the above E.

On August 10, 2015, while the instant lawsuit is pending, F entered into an agreement on the assignment of claims between the Plaintiff and the Plaintiff to the effect that “the instant promissory note amounting to KRW 52,00,000” and “the instant promissory note amount to KRW 52,00,000,000” are transferred to the Plaintiff on the same day along with the said agreement on the assignment of claims, and the said notice on the assignment of claims was served to the Defendant on August 13, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, Eul evidence 1 to 5, the examination result of the defendant himself, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff, the defendant, at the time of drawing up the letter of this case.

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