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(영문) 창원지방법원 진주지원 2018.03.13 2017가단6456
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,90,000 and the interest rate of KRW 25% per annum from January 30, 2017 to the day of complete payment.

Reasons

1. Indication of claim;

A. The Plaintiff Company is a corporation that is engaged in civil engineering and construction works, etc. in 3474 as Dogsan, Dogsan-si, Gyeongnam-si, Gyeongwon-si, and the Defendant Company is a corporation that is engaged in 14, 302, 153-ro, 153, 153-ro, 14, 302 (use dong, Jin building) in the window site of Changwon-si.

B. The Plaintiff Company paid KRW 31,900,000 as down payment and advance payment to the Defendant Company on January 20, 2017, upon entering into a subcontract agreement with the Defendant Company regarding the creation, waterproof construction, etc.

However, as the defendant company was unable to carry out the above construction, the plaintiff company demanded that the defendant company pay the above 31,900,000 won paid as down payment and advance payment to the defendant company.

C. On January 23, 2017, Defendant Company agreed to make and deliver a cash custody certificate to the Plaintiff Company to pay the said money within five days when the Plaintiff Company demanded the return.

Plaintiff

On January 23, 2017, the Company demanded the Defendant Company to pay KRW 31,900,000 as agreed amount by means of content certification, etc., and the above content certification was served on the Defendant Company on January 24, 2017. Accordingly, the Defendant Company sought payment of interest according to the agreed amount and agreed rate.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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