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(영문) 서울중앙지방법원 2016.11.30 2015가단5173342

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 42,00,000 and the interest rate of KRW 15% per annum from June 20, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is the representative (director) of a limited liability company C (hereinafter “C”).

C On September 22, 2014, in order to obtain a loan of its own real estate as collateral, C entered into a consulting contract with D Co., Ltd. (hereinafter “D”) with the following contents (hereinafter “instant consulting contract”).

The contents of the instant consulting agreement relating to the instant case are as follows.

D (hereinafter referred to as “A”) shall enter into an agreement with each other in a consulting agreement on exchange loans as follows:

Article 1 [Opening of Loan Implementation] Location of Real Estate: Amount invested by KRW 80 million: Amount invested: Amount of at least 10 billion in net E, F, G, H, and I contract: Amount of 8%: Amount of penalty / [1] Article 6] (A) and “B” shall be kept in custody of KRW 100 million in the agreed amount to the person designated by “A” by using the Eck designated by “A” in order to prevent each person’s business losses by faithfully performing the terms and conditions of this Agreement, and prevent the occurrence of each person’s business losses. The agreed amount of custody shall not be immediately reverted to “A” (the agreed amount of KRW 100 million) due to the circumstances of “B (Defendant of this case)” and “B” even if the post office JB (Defendant of this case) and “B” prepared for the loan, but the “B” did not use the above amount of KRW 10 billion in the agreed amount, or the full amount of custody shall not be reverted to “A” (the agreed amount of penalty for breach).

(B) On September 22, 2014, the Plaintiff transferred the agreed amount KRW 100 million as stipulated in the instant consulting agreement to the Defendant’s post office account (hereinafter “instant deposit”).

Accordingly, the defendant agreed to the plaintiff 1.1 billion won on the same day.