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(영문) 창원지방법원진주지원 2014.09.24 2013가합3029
약정금
Text

1. The Defendants each amounting to KRW 200,000,000 to the Plaintiff, respectively, and 5% per annum from December 31, 2008 to September 24, 2014.

Reasons

Basic Facts

On December 27, 2004, the FF fishing village fraternity comprised of fishermen in the Jinwon-si, Changwon-si, Jinwon-si, and obtained a license for reclamation of public waters as the Busan Regional Maritime Affairs and Fisheries Office 2004-1 on December 27, 2004, and on January 28, 2006, the FF fishing village fraternity contracted the reclamation of public waters (hereinafter “instant construction”) to the H Co., Ltd. (hereinafter “H”) for construction cost of KRW 19,112,00,000.

H A. On May 25, 2006, when the instant construction fund is insufficient, to jointly supply and demand the instant construction project with EEX Construction Co., Ltd. (hereinafter “EEX Construction”). On June 13, 2006, FF fishing village fraternities and HH and EEX Construction concluded a contract (hereinafter “instant contract”) under which H will undertake each construction project with the share ratio of 60% (1,467,200,000 out of the total construction cost) of 40% as the share ratio (11,467,200,000 among the total construction cost) (7,64,80,000,000 among the total construction cost).

On March 12, 2007, the chief of Busan Regional Maritime Affairs and Fisheries Office issued a suspension order of the instant construction, and accordingly, H and EE construction suspended the instant construction work at that time.

The FF fishing village fraternity, upon entering into an agreement on October 2, 2008 with H and EEX Construction and the instant contract, entered into a settlement agreement with H to pay KRW 500,000,000 and KRW 855,361,279 for EEX Construction. Around that time, the FF fishing village fraternity transferred KRW 50,000,000 to the I’s personal account, the representative director of H, and paid KRW 855,361,279 for EEX Construction.

On the other hand, the plaintiff, defendant C, who was awarded a contract to the construction of this case by the FF fishing village fraternity following the plaintiff, defendant C, and the FF fishing village fraternity, prepared a written agreement with the following terms (hereinafter "the agreement of this case") on October 208.

The plaintiff and the defendants are authorized to undertake business promotion expenses, reclamation license of public waters related to the construction of this case.

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