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(영문) 수원지방법원여주지원 2014.07.24 2013가합1036

약정금

Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendants and the Defendant (Counterclaim Plaintiff)’s counterclaim claim against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On April 20, 201, upon introduction by Defendant Company, the Plaintiff entered into a subcontract with D (hereinafter “D”) on studio machinery and equipment and machinery and fire fighting works performed by D (hereinafter “instant construction works”).

B. On the same day, the Plaintiff and the Defendant Company concluded the following agreements (hereinafter referred to as the “instant agreement”) with F (the title of this case: G, H managing director, and F) as a observer.

1. The Plaintiff’s construction contract amount is KRW 1,230,000 (VAT separate), and the Plaintiff’s construction execution contract amount is KRW 980,000,000 (VAT separate), written as KRW 980,000,00, and written as KRW 98,000,000, it appears to be a clerical error.

(VAT separate, including the amount of construction cost of KRW 80 million).

2. The defendant company will assist the plaintiff in the amount of KRW 50,000,000,000, which is the business role and funds of the Corporation.

The plaintiff claims the issuance of the account statement to the defendant company.

Defendant Company: 20 million won on April 20, 201;

4.2.10 million won;

4. On March 25, 200, 200,000 won out of the difference between the construction contract amount and the amount executed by the Plaintiff (F, H) KRW 25 million out of the difference between the construction contract amount and the amount executed by the Plaintiff (F, F) KRW 65 million (I) in cash in two installments (the Defendant Company and VAT separate). 4. The amount of KRW 50 million paid in advance by the Defendant Company under paragraph (2) shall be paid in cash in 2 installments. The amount of KRW 50,00,000 after 12 stories. 5. 3. The time of the payment of the funds shall be 60% upon receipt of the contract amount of the first 12 stories (after 12 stories) and 40% at the time of the second 20% of the contract amount. The Plaintiff shall submit the performance bond (10% of the contract completion bond to the Corporation on June 6, 2006.

7.With respect to this case, each of the representative directors shall be the joint and several sureties, and the observer shall be F.

8.In connection with this Agreement, an actor shall compensate for the amount of the contract at the time of confidential leakage to a third party.

9.The terms of this special agreement shall prevail over the contract.

C. On July 201, 201, the instant construction was suspended from police officers, and the JJ of D’s representative was on July 201.