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(영문) 부산지방법원 2016.12.20 2015가단72305
각서금
Text

1. The Defendant shall pay to the Plaintiff KRW 59,917,470 and the interest rate of KRW 15% per annum from March 17, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a person who operated the company "D" (hereinafter "the company of this case") that was in the Chang-si, Jingu, Chang-si. The defendant worked as an employee of the company of this case since July 1, 2004 and operated the company of this case after being transferred from the plaintiff as follows.

B. 1) The Defendant, at the Plaintiff’s request, shall operate the instant enterprise upon acquiring the transfer thereof, and the Defendant, on July 31, 2010, determined that the transfer price of the instant enterprise KRW 130 million was KRW 130 million to the Plaintiff in return for the transfer of the instant enterprise from the Plaintiff. As of July 31, 2010, the Plaintiff’s total assets amounting to KRW 163,858,471 as of KRW 163,858,471 as of July 31, 201, and total liabilities amounting to KRW 30,807,593 as of KRW 30,000,000 after deducting the total liabilities from the total assets in lieu of taking over the liabilities or the total liabilities of the instant enterprise. However, the Defendant claimed that the Defendant paid KRW 130,000,000 to the Plaintiff for KRW 130,000,00,000,000.

Although it is alleged that the Defendant subrogated for the total amount of KRW 29,473,050,000, the Plaintiff’s assertion seems to be reasonable in light of the following: (a) there was no special circumstance that the Defendant would have subrogated for the Plaintiff’s obligation to pay the price for the goods to Han Han Electric Power; and (b) there was no fact that the Defendant requested the Plaintiff to return the amount equivalent to the amount subrogated

(b).

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