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(영문) 수원지방법원 2020.06.11 2019가단570524

기타(금전)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 3, 2016, the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a supply contract regarding E as well as Asan City D’s Provisional Division.

B. Nonparty Company paid KRW 2,700,000 per month to the Plaintiff from December 2, 2016 to the completion and siren completion date, where the completion and siren is not available until November 30, 2016.

(hereinafter referred to as “instant agreement”). C.

On August 20, 2018, pursuant to the instant agreement, the Plaintiff filed a lawsuit claiming KRW 43,200,000 against the non-party company from May 2017 to August 2018. In the said lawsuit, the Plaintiff paid KRW 20,00,000 to the Plaintiff on two occasions, and the KRW 10,000,000 out of the two installments is paid until December 10, 2018. The remaining KRW 10,000 until December 31, 2018. If the non-party company delays the above installment, it shall lose the benefit of the time, and the remaining amount plus KRW 20,00,000,000 until the date of the payment, and the damages for delay shall be paid in addition to the annual rate of KRW 15% from the next day to the date of payment.”

(U.S. District Court 2018Kadan22141). D.

The defendant is the representative of the non-party company.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The Plaintiff asserted that the Defendant promised to pay the instant agreement to the Plaintiff as an individual qualification who is not a juristic person. However, each statement of evidence Nos. 2 and 6 is insufficient to recognize it, and there is no other evidence to acknowledge it.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.