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(영문) 서울고등법원 2020.03.20 2018나2073929
기타(금전)
Text

1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing, selling, etc., such as cryp, winders, and air conditioners, and for which H actually operates it by the representative director or her husband, and the Defendant is a company established for the purpose of manufacturing, selling, etc., gold-type machinery parts, and the Defendant is a company established for the purpose of which I actually operates it as an internal director by the representative director or her husband, and the F Co., Ltd. (hereinafter “F”) is a representative director.

B. On March 5, 2014, the Plaintiff received 120,000,000 gold production costs from the Defendant and the remainder of the expenses, upon investing in the Defendant, made a gold-making contract with the content that the Defendant would make the gold-making process of its parts, such as the Rocopan, pande, the date when the Plaintiff entered the pande, the date when the pande, the pande pande, the date when the pande entered the pande, the support team, and the body body, etc., and thereafter, the Defendant would make and supply parts in gold with the Plaintiff’s order and collect the funds invested in gold production with profits therefrom (hereinafter “gold-making contract”).

C. F was established on October 30, 2014. Around that time, the date of preparation between the Defendant and F was completed on March 5, 2014 and the same content as the gold production contract. D.

The Plaintiff paid 143,095,000 won in total to the Defendant on 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. Between F and F on February 26, 2016, the Defendant entered into a contract under which part of the Sicopanty, pande, and filled-in panty shall be produced and supplied until March 30, 2016 (hereinafter “part supply contract”).

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