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(영문) 서울중앙지방법원 2013.10.24 2012가합104828
약정금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 814,448,00 and the period from December 1, 2012 to October 24, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity engaged in the system control, balcony shower, symnasium, and management consulting business, and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”, and the Defendant Co., Ltd. used the trade name “D Co., Ltd.” and changed the trade name to “A Co., Ltd.” on November 26, 2012, and completed registration of change on November 27, 2012) is a legal entity that is engaged in construction works, real estate sale and lease business, and is a joint executor who is in charge of the construction and sale of Yongsan-si F Apartments (hereinafter “the apartment of this case”).

Defendant C was the representative director of Defendant C from October 19, 2007 to August 8, 2011.

B. On February 23, 2011, the Plaintiff entered into a joint business agreement with G, a corporation, and G, a corporation, a corporation, an agent for the Plaintiff to supply the system air-conditionings and ices to the instant apartment complex. In return, the Plaintiff entered into a joint business agreement with the content that allocates profits from the supply of the system and ices to G, a corporation, by allocating the profits from the supply of the system.

C. On April 201, the Plaintiff entered into an agreement with the Defendant Company to the effect that, as a contract bond, the Plaintiff paid KRW 194,000,000 to G and the Defendant Company as a contract bond, and set up a system and a set-out product on the model house of the instant apartment, instead of installing a system and a set-out product on the model house of the instant apartment, the Defendant Company guaranteed the Plaintiff’s right to supply the system and a set-out product on the instant apartment.

Based on the above agreement with the defendant company, the plaintiff set up a system-based and set up a set of electric appliances on the model house, and paid KRW 213,224,00 (including value-added tax) at its expense.

On April 30, 201, the Plaintiff and Defendant Company paid by the Plaintiff in order to guarantee the recovery of the money that the Plaintiff incurred.

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