(영문) 인천지방법원 2017.09.01 2017가단8677

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(영문) 인천지방법원 2017.09.01 2017가단8677

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' arguments;

A. On May 2015, the Plaintiff asserted that: (a) the Defendant Company was guaranteed the monthly management maintenance cost of KRW 48,890,000; and (b) the Plaintiff moved into the Defendant Company as an affiliated employee system.

However, even though the monthly sales from June 2015 to January 2017 did not reach the above amount, the defendant company did not receive the above money.

Therefore, the Defendant Company should pay KRW 40 million out of the difference between the monthly operating cost and the actual sales amount agreed upon to the Plaintiff.

B. The defendant company's assertion that the defendant company entered into a transaction with the non-party corporation B (hereinafter referred to as the "non-party company") and there is no transaction relation with the plaintiff.

In addition, there is no fact that the plaintiff or the non-party company has promised to guarantee monthly operational maintenance expenses.

2. Determination

A. According to the facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 2, a document stating that the plaintiff needs to pay KRW 48,890,000, including monthly salary, food, etc. in the course of moving the defendant company into the defendant company, and the fact that the document was attached to the defendant company is recognized.

B. However, in light of the following circumstances recognized by the purport of Gap evidence 1, 5, and evidence Nos. 7-1, 7-4 and the whole arguments, it is difficult to acknowledge that the defendant promised the plaintiff or the non-party company to guarantee monthly operating expenses, and there is no other evidence to acknowledge the plaintiff's assertion otherwise.

① The document “content of operation during the B-month” prepared by the Plaintiff refers to only the name of the Plaintiff, who is the originator, and neither the official seal of the Defendant Company nor the signature of the representative or employee of the Defendant Company.

In addition, the contents of the documents are only the amount expected to be disbursed by the plaintiff, not the defendant company to pay the amount.

② The representative director of the non-party company shall be the defendant company from January 2016.

유사 판례

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