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(영문) 서울동부지방법원 2016.07.14 2015가단120605

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 72,428,207 won and 5% per annum from June 6, 2015 to July 14, 2016.

Reasons

1. Basic facts

A. Defendant C, upon obtaining a new construction permit in around 2011, contracted the construction work of the D shopping mall (hereinafter “D”) in Osan City (hereinafter “D”) to Lone Star Construction Co., Ltd. (hereinafter “Lone Star Construction”).

B. On the premise that D is completed, the Plaintiff agreed to lease part of the leased property, and paid KRW 293,000,000 as the lease deposit. The Plaintiff was unable to conduct business as the lease deposit was delayed due to the late completion of D’s construction, and separately lent KRW 100,000,000 to Lone Star Construction.

C. On January 10, 2013, the Plaintiff and Defendant C entered into an agreement as follows (hereinafter “1-month agreement”) and Defendant C Company B (hereinafter “Defendant Company”).

(1) Under the agreement of January, the Plaintiff jointly and severally guaranteed the Defendant C’s obligation. (1) The Plaintiff lends KRW 300,000,000 to the Defendant C.

When Defendant C pays the above money to Lone Star Construction at the cost of construction, it shall obtain approval from the Plaintiff.

2) If the funds related to the instant construction exceed the above 300,000,000 won are additionally required, the funds will be disbursed under the agreement between the Plaintiff and the Defendant C. 3).

The lease deposit amount of KRW 293,00,000 for the lease deposit of paragraph (1) shall be repaid preferentially from the lease deposit of the Dong and B, and the remainder shall be returned within 60 days from the date of approval for use of the Dong and B, and if both parties agree, it shall be converted into the lease deposit and the corresponding lease contract shall be concluded.

4) The above KRW 300,000,000 shall be repaid in full within 30 days from the date of approval for the use of Adong. 5) Defendant C succeeds to the obligation of KRW 100,000,000 to the Plaintiff of Lone Star Construction, but shall be repaid in 50,000 each before the expiration of 60 and 90 days from the date of approval for the use of Ddong.

6. The defendant C was 2 months from the last day of the month to which the approval date for the use of the Adong belongs to the plaintiff as consideration for the funds provided by the plaintiff.