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(영문) 광주지방법원 2019.06.21 2017가단8994
약정금
Text

1. As to the Plaintiff’s KRW 20 million and its KRW 137 million among them, the Defendant shall start on September 28, 2016 and start on the remainder of KRW 63 million.

Reasons

1. Facts of recognition;

A. 1 Related to the instant construction project) Defendant and Limited Liability Company C (hereinafter “Nonindicted Company”).

Around June 4, 2015, the Defendant’s urban living housing (hereinafter “instant building”) in Gwangju Mine-gu (hereinafter “instant building”) to Nonparty Company.

) New construction works (hereinafter “instant construction works”)

(2) The construction period shall be 2,251,480,000 won (including value-added tax; hereinafter the same shall apply) for construction period from June 4, 2015 to April 28, 2016.

(2) On June 25, 2016, the Defendant and the non-party company entered into a contract for construction works with the content of the contract fixed. On the other hand, around June 25, 2016, the Defendant and the non-party company entered into a contract to finally alter the construction period from June 4, 2015 to July 30, 2016. (2) The Plaintiff introduced the non-party company to the Defendant in relation to the instant construction works, and took charge of bank loans and administrative affairs. The instant construction was completed on or around June 30, 2016.

B. On May 6, 2016, the Plaintiff and the Defendant agreed to supply the Plaintiff with subparagraph 137 million won among the instant building (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) On September 28, 2016, the Defendant concluded a receipt with the purport that the Plaintiff received the above KRW 137 million as the sale price under the above subparagraph (hereinafter “instant payment receipt”) with the same day. (2) On September 28, 2016, the Defendant drafted a payment angle as follows (hereinafter “instant payment note”).

The amount of the note for payment: 200 million won was paid by the plaintiff to the plaintiff in return for performing the business necessary for the instant construction from July 2015 to August 2016 (banking loans, administration, and construction related). Some (137 million won) shall be immediately transferred to the plaintiff, and the payment shall be made by May 25, 2017, respectively.

[Reasons for recognition] Nos. 1 through 5, 9, A’s evidence Nos. 2, 3, and 4, there is no dispute between the parties that the stamp image following the Defendant’s name is based on the seal of the Defendant.

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