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(영문) 서울중앙지방법원 2015.08.26 2014가합585858
약정금
Text

1. Defendant B Co., Ltd. shall pay 165,00,000 won to the Plaintiff and 20% per annum from December 4, 2014 to the date of full payment.

Reasons

The summary of the case can be inferred as follows.

① First, the Plaintiff’s use of only the trade name deducting the indication of “stock company” from the time of the second title of the Plaintiff Company, and the Defendants’ trade name is called “B” and “C”, and the Defendants entered into a consulting agreement to allow the Defendants to execute the construction work under a contract with the Plaintiff’s company on behalf of the Plaintiff, and agreed to receive KRW 30 million from the Defendant Company B to receive KRW 65 million (including value-added tax) and KRW 60 million from the Defendant Company. In so doing, the Plaintiff sought payment of KRW 165 million (= KRW 330 million), the unpaid amount of KRW 330 million from the Defendant Company C, and KRW 65 million from the Defendant Company.

② Next, even though Defendant C agreed to succeed to the status of the design services contract with L&C and the purchase contract with the Korea Marine Industry Co., Ltd. prior to the conclusion of the consulting contract, the Plaintiff failed to pay 90,695,000 won (i.e., design services cost of KRW 60,720,975,000) on behalf of the Plaintiff, and paid 617,630 won on behalf of the Plaintiff in order to cancel provisional attachment of the offshore industry, by asserting that the Plaintiff suffered damages, excluding KRW 15,00,000,000,000,000 won for the goods paid by Defendant C on behalf of the Plaintiff and the amount paid by Defendant C on behalf of the Plaintiff, 76,312,630 won, excluding KRW 15,000,000,000,000 won for the goods that the Plaintiff claimed against the Defendant C on behalf of the Plaintiff.

(i) demand payment of KRW 617,630,00,000,000 - KRW 15 million.

On the premise, E, such as the relation of the Defendants, uses the name of the two presidents as the representative director of Defendant C and the outside director registered in Defendant B.

E The south F shall be the Republic of Korea.

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