logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.09.19 2016가단552068
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted (1) The Plaintiff agreed to conduct a project by sharing the Defendants and serial numbers Dlicks (hereinafter “instant 1st Work”) and serial numbers Elicks (hereinafter “instant 2nd Work”) and jointly leasing them and dividing their profits.

The Plaintiff’s share among the instant 1st workshops is 1/2, and the Plaintiff’s share among the instant 2st workshops is 1/4.

(2) However, without the Plaintiff’s consent, the Defendants conspired to sell the instant 1 workshop on February 9, 2015, and sold the instant 2 workshop around September 2015, and embezzled each of them.

(3) Due to the Defendants’ above embezzlement, the Plaintiff suffered damages of KRW 60 million, which is equivalent to the 1/2 shares of the instant 1st of the instant 1st of the employees, and KRW 60 million, which is equivalent to the 1/4 shares of the instant 2th of the employees.

(4) Furthermore, the Defendants’ aforementioned embezzlement committed by the Defendants, thereby causing losses to the Plaintiff, which did not receive 30 million won (3 million won (3 million won of monthly rent corresponding to the Plaintiff’s share x 10 months) in total from February 2, 2016 to November 2016, and the sum of rent of 17.5 million won (17.5 million won of monthly rent corresponding to the Plaintiff’s share x 10 months) from February 2016 to November 2016 to 2 other company of this case.

(5) Therefore, the Defendants are jointly liable to compensate the Plaintiff for damages arising from the said embezzlement, and are obliged to pay the Plaintiff the total amount of KRW 167,50,000 (=60 million KRW 60 million per annum from December 1, 2016 to the delivery date of the duplicate of the instant complaint, and the damages for delay at the rate of KRW 15% per annum from the next day to the day of full payment.

B. Even based on all evidence submitted by the Plaintiff, the Defendants conspired to act on the part of the Defendants, as alleged in the Plaintiff, and without the Plaintiff’s consent.

arrow