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(영문) 서울고등법원 2015.05.27 2014나2048222
약정금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a company that engages in the sales, processing, and distribution business of steel bars. The Plaintiff is a person who is in the position of an executive director from December 29, 2010 to December 31, 2012 and has been engaged in the business of production and operation while working for the Defendant.

B. 1) On December 31, 2012, the Plaintiff and the Defendant’s representative director C paid KRW 132,254,128 ( KRW 68,629,461, and KRW 63,624,667 from January 1, 201 to December 31, 2012) as business expenses. ② The Plaintiff paid KRW 27,060,000 to the Defendant’s corporate bank account (E) from January 1, 2011 to December 31, 2012 and paid KRW 63,624,667 from January 201 to December 31, 2012 to December 31, 2015, the Plaintiff shall be recognized as the Defendant’s legal certificate of provisional seizure from January 1, 201 to December 31, 2015 to the Plaintiff’s respective amount of money deposited in the Defendant’s corporate bank account (E).

(2) On the other hand, the defendant alleged that the plaintiff prepared the confirmation document of this case by stealing the defendant's employee identification number and filed a complaint with an investigative agency for forging private documents (Seoul Dong District Prosecutors' Office 2013 punishment No. 40158, 49510), but the prosecutor's office on May 23, 2014, on the ground that "the defendant seems to dispute the amount of the provisional receipts and operating expenses alleged by the plaintiff, and the defendant is unable to submit evidentiary documents, such as the details of account transactions in the name of the defendant submitted by the plaintiff, against which the defendant is not guilty."

C. As of February 5, 2013 with respect to the instant confirmation document, such as the preparation of a certificate, a total shareholder at the meeting room of the Defendant headquarters as of February 5, 2013.

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