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(영문) 대구지방법원 서부지원 2018.03.13 2017가단54729
가공대금 등
Text

1. The Plaintiff:

A. Defendant B shall be annually entitled to KRW 35,307,40 and KRW 5,387,400 among them, from January 1, 2016 to July 3, 2017.

Reasons

1.The facts following the facts of recognition may be found either in dispute between the parties or in full view of Gap evidence of 1 to 9, Eul evidence of 1 to 7 (including branch numbers; hereinafter the same shall apply), witness D's testimony, and the whole purport of the pleadings.

The Plaintiff is a person engaged in the business of manufacturing gold-type, such as gold-type, with the trade name of “E,” and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a gold-type manufacturing business company, and Defendant B is a representative director of the Defendant Co., Ltd. who runs high-tech and processing business under the trade name of “C.”

B. On November 30, 2016, the Plaintiff agreed to pay 80% of the above amount from December 27, 2016 to May 27, 2017, with the processing amount of KRW 49,435,600 with the Defendant Company as KRW 49,435,600, and agreed to accept any failure on two or more occasions.

C. In addition, on February 14, 2017, the Plaintiff agreed with the Defendant Company to pay the processed amount in installments by an agreement of KRW 49,435,600.

The above agreement states that “80% of the total amount shall be repaid in good faith from January 27, 2017 to May 27, 2017” and “2,00,000 won on January 16, 2017, and KRW 2,000,000 on February 1, 2017, and KRW 5,000,000 on February 15, 2017,” “49,435,600 won - 5,000 won - 5,000,000 won = 44,435,60,000 won on February 27, 2017, and any legal measure shall be taken at least twice.”

The Defendant Company repaid to the Plaintiff KRW 2,00,000 on January 16, 2017, KRW 1,000,000 on February 2, 2017, KRW 1,000,000 on February 21, 2017, KRW 50,000 on February 23, 2017, KRW 22,000,000 on March 22, 2017, and KRW 3,000,00 on March 29, 2017.

E. On January 2015, the Plaintiff issued the said promissory note upon requesting the Defendant B to discount the serial number F, face value 29,920,000, issuer G, and due date on December 27, 2015, but did not receive the discount amount.

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