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(영문) 서울북부지방법원 2020.02.18 2018가단14721
약정금
Text

1. The Plaintiff:

A. Defendant B: 5% per annum from June 10, 2009 to July 31, 2018; and 5% per annum from June 10, 2009 to July 31, 2018; and

Reasons

1. Basic facts

A. On September 18, 2008, Defendant B was sentenced to imprisonment with labor for ten months with the Seoul Southern District Court 2007Ma3310 on September 18, 2008, and was ordered to compensate the Plaintiff for the amount of KRW 210,000,000,000 (hereinafter “relevant compensation order”) by the court 2007 Seocho2302 on the same day.

Defendant B, around December 28, 200, sold the above commercial building to the Plaintiff at KRW 4 billion, Defendant B, “The head of the department in charge of the sale in E commercial buildings, and the head of the Gu F entered the above commercial building at KRW 1.5 billion as the down payment and the intermediate payment, and the money paid in the remainder is insufficient, Defendant B borrowed the F with KRW 100 million, liable for the payment, and returned the principal within 3 months, and would sell the commercial bond 1 to the half of the selling price, and if necessary, make a sales contract for the commercial loan 2 debentures to be used as security, and made a false statement to the victim by presenting the supply contract under the above commercial G and H.

Defendant B, as above, deceiving the Plaintiff and received cash KRW 40 million from the Plaintiff on December 29, 2000, and transferred KRW 60 million to the City Bank passbook (Account Number I) of F.

Around January 10, 2001, Defendant B made a false statement to the Plaintiff that “F would return the principal after two months if the sales of a commercial building is leased KRW 110 million as it is not known that the sales of the commercial building would be cancelled due to its failure to pay the balance.”

On January 11, 2000, the Defendant, by deceiving the victim as above, was given F a total of KRW 110 million in cash and checks at the above office on January 11, 200.

B. Defendant B was above on September 18, 2008

On December 1, 2008, after the statutory detention was made for the facts constituting the crime stated in the subsection, a written statement of payment was prepared to the Plaintiff, jointly and severally with Defendant C and D, to pay KRW 120,000,000 to the Plaintiff by June 9, 2009.

C. On the other hand, Defendant C and D concurrently serve as the agent of Defendant B and as the principal on December 9, 2008.

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