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(영문) 서울중앙지방법원 2015.05.12 2014가합37403
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 520,000,000 and the interest rate thereon from July 29, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) Defendant B is a D Co., Ltd. (hereinafter “D”) which conducts housing construction execution business, etc.

(2) Around August 2007, the Plaintiff filed a complaint against the above Defendant B by deceiving the Plaintiff’s total sum of KRW 520 million with the following content.

① Between July 2005 and May 2006, D = KRW 170 million in total as investment funds in relation to the business of constructing and selling a main complex building on the land outside Seocho-gu Seoul, Seocho-gu, and KRW 28,000,000,000 from March 2007 to May 2007, 30 million in total as loans related to the business of newly building and selling an apartment building on the land outside Seo-gu, Chungcheongnam-gu, Seoul, and KRW 350,000,000 in total, under the pretext of loans related to the business of building and selling an apartment building on the land within the F-gu, Seo-gu, Seoul, and KRW 28,000,000 between D and the Defendants are as follows (A evidence 1; hereinafter referred to as the “instant agreement”).

The plaintiff and the defendants have drawn their seals or seals directly at the time. The plaintiff and the defendants have affixed their own seals or seals to the agreement: the defendant defendant B shall pay 520 million won as follows: 1. The non-party company (the representative: G) shall sell 320 million won to Pak-gu Seoul Metropolitan Government F apartment Construction Corporation in the process of implementing the project with the investment of the non-party company (the non-party company: G) to Pak-gu Co., Ltd., the other implementing corporation, and shall pay 180 million won in full and the remaining amount of 180 million won in full to the complainant, and the interest that the complainant currently bears shall be repaid by March 30, 2008 and accrued until the principal is paid: the non-party joint and several surety shall be paid by the end of the month.

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