beta
(영문) 광주지방법원 2015.01.16 2014가합1722

약정금

Text

1. The defendant shall pay 108,00,000 won to the plaintiff and 20% per annum from February 18, 2014 to the day of complete payment.

Reasons

1. The following facts do not conflict between the Parties:

On June 2010, the Plaintiff was awarded a contract on August 30, 2010 with the construction cost of KRW 120,000,000 (Additional Tax) and October 30, 2010 (hereinafter “instant construction”) among the construction works (hereinafter “instant construction works”) constructing neighborhood living facilities and multi-household housing (hereinafter “instant building”) on three parcels, such as Gwangju-gu C, D, and E (hereinafter “instant land”). < Amended by Presidential Decree No. 22347, Aug. 21, 2010; Presidential Decree No. 22348, Oct. 30, 2010>

B. The Plaintiff completed the instant stone construction, but failed to receive the construction cost, together with the Plaintiff, constituted the Defendant Company to pay the construction cost.

C. On March 6, 2013, the Plaintiff received a payment order (Seoul District Court 201j7871) as to the price of the above stone construction from the debtor, F, a payment guarantee of the price of the above stone construction project, as the owner of the instant land and the owner of the instant land, and received a decision to commence compulsory sale of the instant land on March 6, 2013.

On September 30, 2013, the Plaintiff prepared an agreement with H (hereinafter “instant agreement”) with the following content, and withdrawn the said application for auction on October 2, 2013.

In the agreement, the B representative director I of the building owner of the Nam-gu, Gwangju and 2 lots of land: (1) 80,000,000 won and the remainder 28,00,000 won will be paid by borrowing the land from the F, the owner of the land at the above address, as security, and borrowing the land to A.

A shall terminate the auction of the land at the above address (the clerical error in J G) before filing an application for bank loans.

( oil)A pledge to implement with the B Representative I and A, if any, shall be civil and criminal responsibilities in the event of non-performance.

o. 10.10. Convention: (10)B Representative Director A:

2. The parties' assertion

A. Plaintiff H drafted the instant agreement with the Defendant’s representative director I conferred the power of representation, and the Plaintiff.