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(영문) 서울동부지방법원 2018.06.26 2017가단131241
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 141,53,33 and KRW 120,000 among them, with the interest rate of KRW 140,00,000 from May 31, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

(1) The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”), and the constituent industry development corporation (hereinafter “contributing industry development”) is a company awarded a contract for removal construction among the Ddong-dong Housing Readjustment Project in Seoul, Jung-gu, Seoul.

(2) On June 15, 2015, the development of composition industry entered into a contract for scrap metal sales that sells all of the scrap metal and the scrap metal generated from the removal of buildings at the reconstruction site in Jung-gu, Seoul, and Jung-gu, Seoul, to KRW 480 million, but to pay the remainder of KRW 200 million at the time of the contract completion of the contract for the remainder of KRW 280 million at the time of removal of structures.

(3) On the same day, the formation industry development entered into a construction agreement with the Defendant on the same day stating that “All business affairs (such as collection work, sale, etc.) regarding the removal and removal of scrap arising out of the removal work in the E zone shall be transferred to the Defendant, and all the responsibilities incurred in the sale of scrap shall be borne by the Defendant.

(4) The Plaintiff deposited the Defendant’s account in KRW 10 million on June 15, 2015, and KRW 100 million on June 16, 2015, respectively. However, the Defendant sold the said scrap metal to another company, and the Plaintiff demanded the Defendant to return the down payment and compensate for damages.

(5) On October 13, 2015, the Plaintiff and the Defendant: (a) instead of the principal paid by the Plaintiff as the down payment; (b) plus interest of KRW 170 million, the Plaintiff and the Defendant set a total of KRW 370 million as the borrowed money; (c) until February 28, 2016, the remainder of KRW 120 million shall be paid until April 30, 2016; and (d) written a loan certificate to pay interest of KRW 20 million by 20% per month when the said agreement is not fulfilled.

(6) The Defendant paid to the Plaintiff KRW 10 million on February 25, 2016, KRW 100 million on April 29, 2016, KRW 50 million on June 30, 2016, and KRW 250 million on the aggregate.

B. The above facts of recognition are examined.

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