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(영문) 부산지방법원 2014.11.26 2014가합2641
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the above agreement between D, E, and the Defendant (hereinafter “Agreement 1”), E paid KRW 100 million to C. D, D prepared a loan certificate with the borrower C and the guarantor D (hereinafter “the instant loan certificate”) and a certificate of assignment of claims (hereinafter “transfer certificate of this case”) as follows. The Defendant borrowed the following amount from E on a daily basis (hereinafter “certificate of payment”) to the Plaintiff: KRW 100,000,000,000; the loan was used from the Defendant for the settlement of the cost of the removed construction; the repayment of the loan was made from the Defendant on January 16, 2010; and the payment of the loan was made directly by the representative director of the Defendant on the first payment of the equipment from the Defendant as the content of the transfer certificate as the context written by the Defendant on January 16, 2010; and the loan was made directly by the representative director of E on the part of E: 10,010.

hereinafter the same shall apply.

Transfer Deed transferor: C Representative Director F transferee:

1. Equipment E;

2.The above-mentioned transferor and transferee, etc. will be entitled to mutually acquire sales bonds as follows:

There is no objection as to the Defendant’s payment of KRW 240 million to the transferee on behalf of the transferor in installments of the amount of the first progress payment out of the amount of the sales bonds of the construction project executed by B under the order of the Defendant, which is executed by the transferor, in lieu of the transferor, of the amount of KRW 120 million. As to the said amount, the transferor shall provide the transferee, etc. with all the documents, such as the authority, account statement, deposit sheet, etc. collected from the Defendant on

On January 16, 2010, the guarantor of the transferor: D transferee 1: transferee 2: the transferee is the removal cost of the B large-scale repair work to be paid to C by us.

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