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(영문) 울산지방법원 2017.06.22 2016나24376
구상금
Text

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. On May 27, 2011, the Defendant is a maintenance and improvement project association with approval from the head of the Gu during Ulsansan, and A is a person who was the president of the promotion committee before the establishment of the Defendant (hereinafter “instant promotion committee”).

B. On June 4, 2008, A entered into a public relations personnel service agreement between D and 59 (hereinafter “D, etc.”) on behalf of the instant promotion committee, and D, etc. to provide services to the instant promotion committee to prepare the Defendant’s inaugural general meeting (hereinafter “instant contract”).

A, on the same day, has drawn up a letter of payment to the effect that D, etc. is responsible for and paid service costs under the instant contract according to the demands of D, etc. for payment guarantee.

C. According to the audit report (the target period from January 19, 2007 to May 26, 201) dated June 20, 201 on the financial statements of the instant promotion committee, which was prepared by the accounting corporation’s due diligence, the promotion committee of this case, as of May 26, 201, bears a loan of KRW 27 million against A.

around March 2015, the Defendant deposited the unpaid wage of KRW 39,143,410,000 and KRW 66,143,410,000,000,000, which was paid as the U.S. District Court No. 858 in U.S. District Court Decision 2015.

E. From 2008 to November 20, 2015, the public relations personnel who provided public relations services pursuant to the instant service contract secured enforcement title by filing a lawsuit for wage or service cost claim against A, and accordingly, A paid or deposited KRW 83,481,789 in total as the service cost to public relations personnel during the period from January 18, 2010 to November 20, 2015.

F. On June 28, 2016, A died with E and the Plaintiff, a child, as an inheritor.

E renounces inheritance and the Plaintiff inherited A solely according to the qualified acceptance of inheritance.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 8 through 15 (including each number), Eul evidence 1, 2, 5, and 6, and arguments.

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