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(영문) 서울서부지방법원 2019.11.01 2018나2909
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment under paragraph (2) shall be revoked.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the Chairperson of the C Branch from 1996 to March 31, 2017.

B. The Defendant, on October 1, 2007, prepared a written business agreement with the Plaintiff and served as C Branch Office from November 17, 2008 to November 11, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Plaintiff’s assertion 1) The Defendant received KRW 30 million from the Plaintiff without knowledge while working as the C branch office of the C branch office in D, with the deposit amount of KRW 30 million in the D parking lot. However, in the end, the non-verification who was unable to receive the right to operate the parking lot would file a complaint against the C branch office without returning the deposit amount. The Plaintiff paid KRW 5 million in subrogation of the Defendant. On November 25, 2011, the Defendant prepared a letter of commitment performance to pay the Plaintiff KRW 7 million including interest on the above KRW 5 million in advance. 2) On November 25, 201, the Defendant prepared a letter of commitment performance to pay the Plaintiff KRW 5 million, including interest on the said KRW 5 million in advance, on condition that he manufactures and sells advertising materials from E (representativeF), but failed to return it, on behalf of the Plaintiff, the Plaintiff paid KRW 5 million in the E branch office of the E branch office.

3) The Defendant received KRW 5 million from G in terms of the facility cost for the right to operate the key machine. G for two years, while operating the key machine and exceeding the right to operate the key machine, demanded the Plaintiff to return KRW 5 million to H. Accordingly, the Plaintiff paid KRW 5 million in total to the Plaintiff (i.e., KRW 17 million in total (i., KRW 7 million in the amount of the agreement on the repayment of the deposit for advertising advertisements in D parking lots) (i.e., KRW 5 million in KRW 5 million in total) from the Plaintiff to the Plaintiff (i.e., KRW 14 million in consideration of the amount of the deposit for advertising advertisements in D parking lots and KRW 5 million in compensation for delay).

B. The Defendant, on November 25, 201, executes the following commitments to the Plaintiff.

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