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Reasons
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(영문) 전주지방법원 2018.06.21 2017가단26456
약정금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In around 2012, E (the representative director Defendant D) signed a written agreement on the payment of the construction cost payable to the Plaintiff, after entering into a contract with the Plaintiff for wooden FF Housing M/H construction and Jeonju G G G G remodeling construction. The main contents are as follows.

6. Total amount not paid: 52,000,000 won (Bapo F M/H 22,00,000 won, Jeonju G 30,000,000 won.)

7. That D will pay A the full amount of the construction cost unpaid to A by September 21, 2012.

B. Defendant C, around 2012, awarded a contract to the Plaintiff for the Ma/H Corporation of Young-gun, Gwangju Oriental Medicine Corporation, and then either the Plaintiff.

A written agreement for payment for the unpaid construction cost, including the obligations specified in the subsection, was made and the defendant D has jointly and severally guaranteed the obligation, and the main contents thereof are as follows:

5. Total amount unpaid: 142,000,000 won (Seoul G 30,000,000 won for Jeonju G, wooden M/H 22,00,000 won, Jeonnam-gun M/H 80,000,000 won for Jeonnam-gun, Gwangju Oriental herb bank construction work10,000,000 won).

6. That D will pay A the full amount of the construction cost unpaid to A until October 31, 2013.

C. Defendant B, around 2014, contracted the Plaintiff with the Jeonju H construction, and subsequently, Defendant B, on April 3, 2014, sent to the Plaintiff.

Of the obligations set forth in paragraph (1), the amount of KRW 2,00,000 shall be reduced, and the Defendant Company B shall pay the said amount, and the payment agreement for the construction cost to be paid by the previous week H was made and the main contents thereof shall be as follows:

3. Related construction name: All of the I Model House Corporation (220,000,000 won) and the existing amount of credit (140,000,000 won).

4. Total amount of 360,000,000 won (excluding surtax).

7. Payment schedule 1: April 30, 2014 (100,000,000), May 30, 2014 (100,000,000) and July 20, 2014 (100,000,000).

D. Defendant B repaid to the Plaintiff KRW 80,000,000 in cash on May 2, 2014, and around that time, transferred the electronic bill issued by the J (J).

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