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(영문) 인천지방법원부천지원 2017.08.17 2016가단109484
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. A. A summary of the Plaintiff’s assertion 1) Around 2010, the Plaintiff was the president of the merchants’ association in the Orcheon-gu Seoul Metropolitan City C market, and the Defendant was the merchants operating the restaurant in the above market. (2) The building of the president of the C market, including the Defendant, was worn out and delegated the fire-fighting facilities and electrical construction of the market building to the Plaintiff through a meeting. The Plaintiff had D complete the construction work on April 201, and the construction cost was KRW 124,730,000.

3) The Defendant agreed to the Plaintiff that “the Defendant shall be liable for the portion of the construction cost borne by the Defendant from the owner of the Cmarket shop, and pay the Plaintiff KRW 122,030,00 to D. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 88,165,166 not paid by the Defendant in accordance with the agreement described in the above 3) and the delay damages therefor. (B) The Defendant agreed to pay the Plaintiff the construction cost of KRW 88,165,166, which the Plaintiff had not been paid by the Defendant. (3) The Defendant, as alleged by the Plaintiff, concluded that the Plaintiff shall pay the construction cost borne by the owner of the C market 1st floor store, and completed the payment after

2. Therefore, according to the reasoning of the evidence No. 7, as to whether the Defendant agreed to pay the construction cost to the Plaintiff by all shop owners of the above C market, it is acknowledged that the merchant president of the C market announced the Plaintiff to deposit the construction cost to the Defendant’s account. However, it is insufficient to recognize that the Defendant agreed to assume the Plaintiff liable for and pay the construction cost to all shop owners of the C market, and the evidence submitted by the Plaintiff alone is insufficient to recognize it.

2. If so, the plaintiff's objection.

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