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(영문) 의정부지방법원 고양지원 2018.03.21 2017가단9377
약정금
Text

1. The Defendant jointly with C and D, as well as KRW 100,000,00,000, and as to the Plaintiff, from March 13, 2012 to July 13, 2017.

Reasons

According to the purport of Gap evidence No. 1 and the whole arguments, 100 million won received as contract deposit for the removed construction work among construction works that newly build an apartment in Yangcheon-gu Seoul E won on January 9, 2012 by C (hereinafter referred to as "non-party company") and D, its representative director, the plaintiff on January 9, 2012

3. up to 12. The return shall be made.

“A letter of performance” was drawn up and drawn up, and the Defendant, an employee of the non-party company, is jointly liable.

“.” The phrase is written, and there is no counter-proof that the Defendant’s name and seal the seal at the time, and the Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Civil Act from March 13, 2012 to July 14, 2017, the delivery date of a copy of the complaint of this case, from March 13, 2012, to July 14, 2017, which is the delivery date of a copy of the complaint of this case.

The defendant asserts that when the F, who is the plaintiff's party, visited the non-party company, the defendant was not the defendant, and that it was difficult for the F to refuse to sign and seal the thesis to be solved between the defendant and the defendant, and that it cannot respond to the plaintiff's claim on the ground that there is no obligation relationship between the plaintiff and the non-party company or D as well as the plaintiff and the non-party company cannot respond to the plaintiff's claim.

However, even if the testimony of the witness G is based on the witness G, the defendant signed and sealed the above performance memorandum with his free will while accurately recognizing the contents of the above performance memorandum at the time, and it can be recognized that there was no assault, intimidation, or deception. Therefore, there is no defect in the defendant's above declaration of intent.

In addition, the issue of whether there was a cause obligation between the above parties is established based on the above performance memorandum.

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