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(영문) 서울서부지방법원 2016.10.28 2016가단211142
약정금
Text

1. The Defendants jointly share KRW 150,000,000 with respect to the Plaintiff and Defendant B from June 11, 2010 to February 19, 2016.

Reasons

Defendant B awarded a construction contract around November 3, 2005 and around March 2006, and obtained a total of KRW 150,000,000 from the Plaintiff as a loan money.

As a result, Defendant B was detained in the crime of fraud and tried, Defendant C and D prepared a written statement of performance that the Plaintiff will pay 150,000,000 won jointly with Defendant B on November 2009, but the due date shall be within six months from the date of release of Defendant B, and that the interest for arrears shall be paid at 20% per annum thereafter.

On December 11, 2009, the Plaintiff received the above letter of performance and prepared a criminal agreement, and Defendant B was released by a sentence of two years of suspended execution.

According to the above facts of recognition, Defendant C and D are obligated to pay the agreed amount of KRW 150,00,000 and the agreed damages for delay after June 11, 2010. Defendant B is obligated to pay the damages for delay and the statutory damages for delay after the date on which the Plaintiff seeks the damages for delay (Defendant B is not a party to the above agreement, and thus does not recognize the claim for damages for delay).

Defendant B and C asserted to the effect that since Defendant B did not receive business promotion expenses of KRW 102,00,000 while receiving orders for work for the Plaintiff, Defendant B and C do not accept the above assertion, there is no evidence to acknowledge that Defendant B received business promotion expenses from the Plaintiff.

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