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(영문) 서울동부지방법원 2017.08.30 2016가단13148
약정금
Text

1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) 5% per annum from July 13, 2017 to August 30, 2017; and (c) from the next day.

Reasons

1. Facts of recognition;

A. Young-gu Housing Co., Ltd. (hereinafter “ Young-gu Housing”) is a contractor of Young-gu Housing A before death.

B A Co., Ltd. (hereinafter referred to as “B”) was awarded a subcontract for the structural construction from the Young Housing.

The plaintiff and the defendant lent temporary materials to B.

B. The Plaintiff lent KRW 100 million to B on September 14, 2006.

C. On September 13, 2007, the Plaintiff agreed to extend the repayment period of the above loan to one year between B and B as follows.

Repayment Date: Interest rate on September 13, 2008: 7.86% per annum (as of September 14, 2007): 655,000 won (based on the interest rate on September 14, 200).

D. B on January 31, 2008, transferred to the Defendant the claim for the payment for completed portion for the Young-gu Housing B.

E. B was processed in default on February 19, 2008.

F. On September 19, 2008, the Defendant, on behalf of four companies (the Plaintiff, the Defendant, C, and D) that leased temporary materials to B, agreed on the temporary materials and the temporary materials taken out of the construction site.

The main contents are ① Payment of KRW 800,000 (excluding value-added tax) to the defendant by agreement.

(including various costs related to the demolition and removal of snow). ② The said money will be implemented four installments (one hundred million won, two five hundred million won, and four billion won, respectively) according to the schedule of the permanent house within eight months from the date of completion of the removal of the final temporary house.

G. On March 3, 2009, the Defendant prepared a letter of payment stating that the Plaintiff shall pay 50% of the Plaintiff’s temporary materials rental fee of KRW 111,668,698 to the Plaintiff according to a written agreement with the Young-gu Housing.

(h) Until July 19, 2009, he paid the Defendant totaling KRW 190 million (including value-added tax) of the cost of dismantling and removing temporary materials and the cost of the work carried out and the cost of the work carried out to the Defendant.

With respect to the above money, creditors such as the plaintiff and the defendant were gathered to complete the settlement of accounts.

In addition to the above money, the English house has gone bankrupt without paying the remaining agreed amount of KRW 690 million ( KRW 880 million - KRW 190 million).

I. Meanwhile, on the other hand.

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