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(영문) 창원지방법원마산지원 2015.11.06 2014가합2686
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts construction business, etc., and the Defendant is an agricultural company that conducts agricultural management, production, processing and distribution business of agricultural products.

B. On March 31, 2014, the Plaintiff entered into a contract with the Defendant, Gyeong-gun, Gyeong-gun, and Gyeong-gun, Gyeong-gun, and four parcels of land, setting the construction period of construction from April 30, 2014 to August 30, 2014; the construction cost of KRW 880 million; labor cost of KRW 230 million; and labor cost of KRW 237520,00,000.

(hereinafter “instant construction contract”). C.

On the same day, the Plaintiff determined KRW 100 million to the Defendant on August 30, 2014, and lent the amount of KRW 120 million, including interest, at the same time due, to the Defendant.

In addition, the Plaintiff additionally lent KRW 40 million to the Defendant on June 3, 2014, and KRW 20 million on August 7, 2014.

The original Defendant agreed to terminate the instant construction contract at the end of August 2014.

E. Meanwhile, the Defendant paid to the Plaintiff KRW 170 million, in total, KRW 30 million on August 29, 2014, and KRW 140 million on September 1, 2014.

[Reasons for Recognition] The facts without dispute, Gap's statements and images, Eul's evidence Nos. 1 through 4, 6, 8, 10 through 12 (including provisional numbers, hereinafter the same shall apply), Eul's statements and images, witness D, E (hereinafter "F"), G's testimony, the whole purport of each of the arguments and arguments

2. The plaintiff's assertion

A. The Defendant agreed to terminate the instant construction contract by unfairly requesting the reduction of the construction cost.

On August 28, 2014, the Plaintiff agreed to pay to the Plaintiff KRW 300 million on August 29, 2014, for the repayment of borrowed money with the Defendant’s agent and compensation for damages incurred to the Plaintiff due to the Defendant’s unilateral termination of the contract, on the condition that the Defendant paid KRW 30 million to the Plaintiff on August 29, 2014, KRW 140 million on September 1, 2014, KRW 50 million on September 14, 2014, KRW 50 million within 15 days from the completion date of the instant construction, and KRW 80 million within five months from the completion date of the instant construction.

B. Even if the F did not have the power to act as above, the F did not have the right to act.

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