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(영문) 인천지방법원부천지원 2015.08.18 2014가단34180
약정금반환
Text

1. Defendant B shall pay 80,000,000 won to the Plaintiff and 20% per annum from February 12, 2015 to the date of full payment.

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 and 2:

1) Around August 6, 2013, Sinyang Construction Industry Co., Ltd. was awarded a contract for construction of a new urban-type residential housing on the ground, such as J&C Group Co., Ltd., and Yangyang-si Co., Ltd. (2) On August 2013, 2013, Sinyang Construction Industry Co., Ltd. drafted a contract for construction of a new urban-type residential housing on two (400 square meters; hereinafter “instant new residential housing construction project”) among the construction of a new urban-type residential housing on the ground, such as Yangyang-si, Nam-si, etc., with the Defendants as the contractor and the Defendants as the subcontractor.

(3) According to the instant construction contract agreement, the contract for construction is concluded when the Defendants submitted the performance guarantee certificate, construction license, etc. to the Youngung Construction Industry Co., Ltd. (hereinafter “instant construction contract”). (B) On August 23, 2013, the Plaintiff drafted a brin restaurant contract with Defendant B with the following content:

(hereinafter referred to as “brine restaurant contract”). On-site name: Address at the construction site of E Urban Residential Housing: F regularly in Namyang-si in Gyeonggi-do: One person: 6,000 won per person; 2,500 won per person; B; and C, “B”, shall delegate a restaurant with a thickness of “A”.

A is responsible for the brine restaurant and the brine restaurant.

A shall be responsible for and provide water supply, electricity, etc.

A shall attach to B a written contract for construction works that he/she has entered into in the relationship of the city and the city project, and Eul shall be responsible for goods necessary for the brin restaurant and purchase.

B promises to faithfully implement a brine as attached to the contract.

2. The parties to the instant restaurants contract include both the names of the Plaintiff and the Defendants, but they are only the Plaintiff and the Defendant B.

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