(영문) 부산지방법원 2015.03.18 2013가합18274

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(영문) 부산지방법원 2015.03.18 2013가합18274

약정금

Text

1. The Defendant’s KRW 23,136,11 as well as the Plaintiff’s KRW 5% per annum from July 9, 2014 to March 18, 2015.

Reasons

1. Basic facts

A. On May 31, 2007, the plaintiff entered into a contract with C, the representative director of the defendant, and held the defendant's factory as the defendant's factory.

1. The defendant shall merge and operate the attached list with the plaintiff from June 1, 2007, when the plaintiff is operated and operated at the D's present factory in Gyeongnam-si, Kim Jong-si, where the plaintiff is operated.

2. A statement;

3. (Omission)

4. The rate of profit, loss, and other mental substance as a result of the merger operation shall be 1:1.

(Provided, however, until the repayment of the personal debt offered to the Plaintiff by the time of rapid resolution of the Plaintiff’s material suffering and the time of the occurrence of the profit is performed, the Defendant: the profit shall be distributed to the Plaintiff - 3:7, and 1:1 after the repayment shall be made). 5. and 5.

9. (Omission) 10. The Defendant’s machines, tools, equipment, etc. are attached to this Agreement (other than attached articles are owned by the Plaintiff). If the Defendant and the Plaintiff endeavored to perform their best for ston and fin business, the Defendant and the Plaintiff did not smoothly proceed or do their best to do so within and outside environment, but it is determined that the business operation is difficult any longer due to the internal and external environment, then the Defendant and the Plaintiff are in their own name and quantity as attached list at the time of the merger, and the profits and losses accrued from the merger shall also be apportioned to 1:1.

11. (Omission)

B. The Plaintiff suffered losses to the Defendant while in office, and the Defendant applied for a payment order issued two times against the Plaintiff, and applied for compulsory execution against the corporeal movables owned by the Plaintiff based on the original copy of each executory payment order, and received KRW 18,318,400, and KRW 1,963,00 on July 8, 2014, respectively.

1 The defendant filed an application with the plaintiff for a payment order claiming the payment of embezzlement money under the Changwon District Court Decision 2012j2528, and on October 15, 2012, the plaintiff served the defendant 103,849,775 won and the original copy of the payment order.

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