(영문) 서울고등법원 2015.12.30 2015나21662

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(영문) 서울고등법원 2015.12.30 2015나21662

약정금

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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.The following facts of recognition are not in dispute between the parties, or may be admitted upon considering the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 to 4 and Eul evidence No. 1:

A Co., Ltd. (hereinafter “B”) is a company that runs credit business and loan brokerage business, and the Defendant was the representative director of B from July 29, 2011, to July 17, 2012, which was established by B.

B. On March 19, 2012, the Plaintiff and B drafted a letter of request for the content indicated below (hereinafter “written request for content”). The Defendant confirmed the content and affixed B corporate name plates and seals to the representative director.

The letter of request

1. The amount to be raised shall be 30 billion won (the provisional pledge shall not be created);

2. The English language in the meaning of “Arrih” under the capital owner’s character is written, and this case appears to have been used as the meaning of “information”.

after obtaining prior approval; and

3. The person delegated by the 21. 21. directly uses all documents and receives documents after visiting a bank.

(3. The next day of the receipt of documents shall be the original passbook presented in the form of a document (written passbook) and shall be stored in the bank to verify the funds and shall receive the proceeds of KRW 6 billion.

4. The distribution of profits shall be three billion won per share and three billion won per requester.

5. The agreed amount shall be immediately refunded if the applicant fails to comply with the terms and conditions of the request after the applicant approves the uniforms.

C. On May 14, 2012, as the agreement on the instant request for a statement of content was not implemented, the Plaintiff prepared a statement of performance (hereinafter “instant statement of performance”) with the Defendant as follows, and the Defendant signed it as each of the written statement of performance.

Written of Performance

1. Issuance, on May 15, 2012, of a copy of a passbook of KRW 30 billion for presentation funds necessary for the reorganization of claims requested by the Plaintiff, and related documents; or

5. 22. At home between the two days, it shall be transferred not later than 11 A.M.

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