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(영문) 서울중앙지방법원 2018.07.11 2018가합503366
약정금
Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual interest from January 27, 2018 to July 11, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff operated a middle restaurant (hereinafter “instant restaurant”) in Macheon-si C (However, the name of the business operator and the lessee of the restaurant are legally spouse D), and the Defendant worked between the Plaintiff and the private village as an employee at the instant restaurant.

B. Around June 2016, when the Defendant was on duty at the instant restaurant, the Defendant established a non-wheeled relationship with the Plaintiff’s wife. When the fact was discovered to the Plaintiff, the Defendant, on December 13, 2017, prepared and delivered each of the following descriptions to the Plaintiff (hereinafter “each of the instant notes”).

(1) B (Defendant) shall not raise any objection in acquiring E stores (the restaurant in this case) in KRW 300 million, and shall also take over all the amount of material costs and employee accounts.

(2) B (Defendant) shall be paid not later than December 1, 2032, every 15 million won on the 1st day of a month for the purpose of paying school expenses and living expenses of the Plaintiff and F.

(3) The B (Defendant) shall be paid one billion won in mental compensation to F and A (Plaintiffs) by recognizing all of the offenses.

On December 13, 2017, G Building H-B of Gyeonggi-do, Dongcheon-gu, Gyeonggi-do, this article does not dispute (based on recognition) that a person himself/herself was prepared, not based on the strong pressure, and the purport of each entry and evidence Nos. 1 and 2, as a whole.

2. As to the cause of the claim, the Plaintiff sought payment of KRW 300,000,000 (each of the instant notes) and mental compensation of KRW 1,000,000,000 (each of the instant notes) from the Defendant, respectively, and sought payment of KRW 50,00,000 (each of the instant notes).

According to the above facts, the defendant is obligated to pay to the plaintiff the above restaurant acquisition price of KRW 300,000,000 and mental compensation of KRW 50,00,000 and damages for delay pursuant to the letter of this case, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion 1 is that eight persons, including the Plaintiff, detained the Defendant.

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