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(영문) 광주지방법원 2015.12.22 2015가단509202

전부금

Text

1. The Defendant’s KRW 100,000,000 as well as 6% per annum from October 8, 2014 to April 15, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On May 7, 2014, Co., Ltd. entered into an agreement with the Plaintiff on May 7, 2014, stating that “The Plaintiff, in relation to the said site, shall provide C with consulting on the adjustment of the construction cost and the selection of new construction works in compliance with the terms and conditions of the secondary construction, and C shall pay the Plaintiff KRW 100 million to the service cost thereof, by August 15, 2014.”

(hereinafter “instant service agreement”). B.

On August 6, 2014, C entered into an agreement with the Defendant and E with respect to the following matters, in which the Plaintiff participated as a observer:

(hereinafter referred to as the "Agreement of this case"). [Agreement of this case] A project owner: the Young-gun Office, the name of the Corporation: with respect to the second site of the D Construction Corporation (hereinafter referred to as the "Secondary Construction Corporation of this case"), C shall waive the construction, submit a letter of waiver of construction to the Young-gun Office, the defendant, and the Construction Mutual Aid Association, and shall not raise an absolute objection.

When the defendant executes the above construction contract with the Yong-Gun Office, he/she shall pay KRW 300 million per day within three weeks from the date of conclusion of the contract by the joint passbook C and E.

However, Co., Ltd. and E shall notify the Defendant of the payment of the non-paid construction cost of D as KRW 300 million for the first (hereinafter “the first construction”) due to the Defendant.

E shall be jointly and severally liable for Defendant, C, and E so that this Agreement can be implemented smoothly.

However, the defendant shall not be liable for the amount other than KRW 300,000,000 for the non-paid construction work in the instant case.

The plaintiff who is a member of the civil petitioner E who is the defendant representative of the above arbitr, F C representative Co., Ltd.

C. On October 7, 2014, the Plaintiff filed a claim for KRW 100 million with respect to a stock company C according to the instant service agreement with the Gwangju District Court.