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(영문) 수원지방법원 평택지원 2018.11.01 2017가단59558

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 25% per annum from March 29, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 2009, in the case of revocation of fraudulent act, etc. between the construction business operator including the Plaintiff and the Seoul High Court, the Plaintiff: (a) was a person who executed electrical construction related to the new construction of the instant apartment on the ground D apartment (hereinafter “instant apartment”); and (b) was the implementer of the said construction, and (c) was entitled to the construction cost claim for E Farming Association (EM) related to the said construction; and (d) E Farming succeeded to the business right for the new construction of the instant apartment from H; and (e) in the case of revocation of the said fraudulent act between the construction business operator including the Plaintiff and the Seoul High Court, the Plaintiff paid the Plaintiff the amount of KRW 187,185,000 and the delay damages therefor.

The defendant is a juristic person established for the purpose of housing construction business, etc., F was the representative director of the defendant from November 10, 2015 to January 16, 2017, and is the representative of E Farming at present.

B. On December 8, 2014, F, as a representative of E Farming, drafted a letter of commitment (Evidence A2) with the following content to G and the Plaintiff. On November 24, 2015, as the Defendant representative director, F drafted a letter of commitment (Evidence A1) with the following content to the Plaintiff:

(hereinafter referred to as “instant letter of commitment” and “the instant letter of commitment”). The letter of commitment 50 million won shall be paid in cash until March 30, 2015.

On December 8, 2014, the FF joint and several sureties F G, A (Plaintiff) Ha letter of payment 50 million won is promised to pay by March 28, 2016 as the on-site agreement amount in the original state (E Farming Association) B, and shall pay as compensation for delay of 0.2% per day when the payment has not been made.

On November 24, 2015, F.A. (based on recognition), a joint and several surety for Defendant Representative F. F. F. F. F. F. F. F. F. F. F. F.D., without dispute, Gap’s 1, 2, and 3 evidence, Eul’s entries in subparagraph 5, the witness F’s testimony, and the purport

2. Determination as to the cause of action

A. According to the facts found above, the defendant, barring special circumstances, shall pay 50 million won to the plaintiff according to the letter of rejection of the payment in this case.