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(영문) 광주지방법원 2018.09.20 2018가합52124

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

On October 13, 2001, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with the following terms and conditions on October 13, 2001.

- The Plaintiff may receive waste disposal services from the construction company, etc., and shall transport the wastes to the Defendant.

- The defendant shall dispose of such wastes by means of reclaiming or recycling them.

- The costs of collection and transportation among the waste disposal costs paid by the construction company, etc. shall be acquired by the plaintiff, and the defendant respectively.

B. On September 30, 2003, the Plaintiff and the Defendant concluded the instant partnership agreement on September 30, 2003.

2. Determination on the cause of the claim

A. The plaintiff's assertion has lent money to the defendant during the continuance of the contract of the same case, and was not paid part of the amount of settlement due to the execution of the contract of the same case by the defendant.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of the unpaid loan and the settlement money and the delayed payment amount of KRW 1,303,662,043.

B. However, the evidence submitted by the Plaintiff (in particular, evidence A Nos. 1 and 13) alone is insufficient to recognize the fact that the Plaintiff failed to lend money to the Defendant during the continuation of the instant partnership agreement and that the amount of settlement not paid by the Defendant is a total of KRW 1,303,662,043, and there is no other evidence to acknowledge it.

【In the lawsuit of objection filed by the Defendant against the Plaintiff, the Gwangju District Court seems to have the same effect as the loan not paid and the claim for the settlement of accounts as the loan claimed by the Plaintiff in this case.

The amount of KRW 1,304,443,563 is almost similar to the amount of the unpaid loan claimed by the Plaintiff in this case and the amount of the settlement deposit amount of KRW 1,303,662,043.

(k) hold;