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(영문) 의정부지방법원 2017.01.25 2016가합1226
각서금
Text

1. The Defendants jointly share KRW 85 million to the Plaintiff, as well as 5% per annum from April 22, 2016 to January 25, 2017.

Reasons

1. Basic facts

A. On March 11, 2010, upon the introduction of the Defendants, the Plaintiff Company entered into a contract with the Environment Business Association affiliated to D (hereinafter “Environmental Business Association”) under which 1500 tons (450 tons) annually are to be supplied with the scrap metal discharged from the pulmonary pressure instruments, and agreed to preferentially pay KRW 250,000,000,000 for the annual amount of goods.

(hereinafter “instant agreement”). The Plaintiff transferred KRW 100 million to the Environmental Project Association on the same day in accordance with the instant agreement, and transferred the remainder KRW 150 million on May 20, 2010.

B. On March 11, 2010, the date of the conclusion of the above contract, the Plaintiff Company paid KRW 100 million to the Defendants as an honorarium for arranging transactions with the Environmental Project Association.

C. Even after the Environmental Business Association received the above KRW 250 million from the Plaintiff Company, the Plaintiff Company did not supply the scrap metal to the Plaintiff Company, and the Plaintiff Company resisted the Defendants, the main agent, and the Defendants drafted to the Plaintiff Company a letter with the following content on February 4, 2012:

(hereinafter referred to as “each of the instant notes”). The principal (the Defendants) introduced and arranged a contract for the supply of non-ferrouss and metals among the non-ferrouss and the accessories of the closed voltage devices to the Plaintiff Company and two other persons, etc.

Plaintiff

It is also confirmed that two other companies, etc. have paid KRW 250 million.

I introduce that the above contract has not been implemented until 2012, and I think that it is not implemented, as the intermediary, to the plaintiff company and two others.

Until December 31, 2012, the above contract will be subject to all the responsibility of the Plaintiff Company (Defendants) as an agent and intermediary if the Plaintiff Company did not comply with the complaint or performance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the Defendants drafted each of the instant statements to the Plaintiff is due to the instant agreement.

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