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(영문) 서울중앙지방법원 2019.05.22 2019가단5003014

약정금

Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 12, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim, etc.

(a) The following facts may be found either in dispute between the parties or in full view of the respective descriptions in Gap evidence 1-11, Eul evidence 1 and 2 (including each number), as well as the overall purport of the pleading and video.

1) The Plaintiff is a stock company with the purpose of purchasing and selling non-performing loans and wholesale and retail business of aggregate, and C Co., Ltd. (hereinafter “C”).

(2) On August 8, 2014, the Plaintiff and D (E’s representative) concluded a contract for landscaping and blasting cancer sales with C on August 8, 2014, and paid advance KRW 100 million to C, but C sold blasting cancer to F Company.

3) The Plaintiff and G Co., Ltd (D) filed a lawsuit against C seeking KRW 100 million in advance (Seoul Eastern District Court 2016Kadan117354) and lost the lawsuit against C (Seoul East Eastern District Court 2016Gadan117354). However, the mediation was concluded between the Plaintiff and C on September 19, 2018 that “C shall pay KRW 100 million to the Plaintiff by November 5, 2018 (Seoul East Eastern District Court 2017Na28964).”

(4) On July 18, 2018, D and the Plaintiff prepared and delivered a document stating that “The Defendant shall pay for KRW 100 million to the obligee by September 30, 2018, with respect to a contract for the blasting of the Defendant on December 20, 2013,” stating that “The Defendant shall pay for KRW 50 million to the obligee and KRW 50 million to the obligee by September 30, 2018,” and that “I promise to pay for the Plaintiff by September 30, 2018.” The lower part of the document is stamped by the Defendant.

hereinafter referred to as "the case."