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(영문) 부산지방법원 2017.09.21 2016가합45406
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 248,000,000 won and Defendant Btel management body on July 8, 2016.

Reasons

Facts of recognition

A. The S&C General Construction Co., Ltd. is a contractor for the construction of a new 1st underground floor and Btel building on the 707th square meters of the 207th square meters of the 207 north-gu in Busan. Korea Trust Co., Ltd. is a trustee who entered into a trust agreement with the S&C General Construction Co., Ltd. on the sale of buildings and the management of funds for Btel.

B. Around January 2015, the representative of the Defendant Btel management body (hereinafter “Defendant Btel management body”) was changed from the Plaintiff to Defendant C.

On March 15, 2015, Defendant management body made an agreement with the Plaintiff to pay KRW 298,000,000,000,000 to the Plaintiff within 15 days after completion of construction of the instant agreement to the construction company related to the construction of Btel (hereinafter “instant agreement”). Defendant C and D guaranteed the Plaintiff’s debt owed to the Plaintiff by Defendant management body.

C. Btel completed on April 15, 2015, and Defendant managing body repaid to the Plaintiff KRW 50 million pursuant to the instant agreement.

[Ground of recognition] In light of the above facts of absence of dispute, Gap evidence Nos. 2, 3, 4, and Eul evidence Nos. 1 (including serial numbers; hereinafter the same shall apply) and the whole purport of the pleading, the defendants are jointly and severally liable to pay to the plaintiff KRW 50,000,000 to the plaintiff among the money under the agreement of this case, and the delay damages.

As to the Defendants’ assertion on the revocation of the joint and several guarantee agreement by Defendant C and D, the Plaintiff deceivings Defendant C and D to the effect that there remain 702,700,440 won (i.e., the amount to be received from the F Company’s KRW 28,700,440 (the amount to be received from KRW 28,70,440) in the process of transferring the representative position of the Defendant management body to the Defendant C, and that the amount to be received from KRW 28,70,440,00).

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