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(영문) 서울고등법원 2014.10.31 2014나743
약정금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

Reasons

1. Basic facts

A. The Defendant Company (the Defendant Company used the trade name “D Co., Ltd.” and changed its trade name to “A”) on November 26, 2012 is a joint executor who is in charge of the construction and sale of the building, real estate sale and lease business, together with E Co., Ltd., and the Defendant Co-Defendant C of the first instance trial was a representative director of the Defendant Company from October 19, 2007 to August 8, 201.

B. On February 23, 201, the Plaintiff, a company running the system air conditioner heating and cooling facilities and construction business, etc. as its business, shall be the other party to G (hereinafter “G”), and ① G shall arrange for the Plaintiff to enter into a contract with the E Co., Ltd. (hereinafter “E”) to supply the system air conditioner products to the instant apartment complex, and ② the Plaintiff shall pay KRW 100 million as the contract deposit to G, and the Plaintiff shall immediately return the said KRW 100 million as requested by the Plaintiff at the time of the occurrence of the problem without the progress of G’s business, and ③ the Plaintiff shall prepare a written agreement to distribute the profits from the supply to G to be distributed, and transferred KRW 100 million to the co-defendant B, a representative director of G, a corporation, on February 24, 2011.

C. After that, the Plaintiff performed installation works on the system in E’s apartment model housing model in the vicinity of the Gi-si I Station. D.

On April 30, 201, the Plaintiff, under the name of the Defendant Company C, received a monetary loan agreement (No. 3, hereinafter “instant agreement”) from the Defendant Company (hereinafter “instant agreement”), stating the following:

The contract of this case is written by the individual C as a joint obligor together with the defendant company, and B signed and sealed as a joint guarantor.

The borrowed amount: The borrowed amount of KRW 194,000,000 per day (194,000,000) shall be regularly borrowed and the following provisions shall be fulfilled:

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