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(영문) 서울중앙지방법원 2015.02.04 2014가합29914
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 1,00,000,000 as well as 5% per annum from November 2, 2013 to September 6, 2014.

Reasons

1. Basic facts

A. On July 30, 2013, the Plaintiff entered into an agreement with Defendant B on the following terms, whereby the Plaintiff could receive a contract for the management of US dollars on the 63 building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “63 building”) from Hancheon-do, Seoul, and Defendant C signed and sealed the agreement as a observer at the time of the agreement:

(hereinafter referred to as the “instant arrangement”). Article 2 (Obligation of Defendant B) of the instant arrangement is concluded, subject to the instant agreement, by September 30, 2013, with respect to the building management services agreement of 63 building US dollarss in relation to the building management services agreement.

Article 3 (Obligation of the Plaintiff) The Plaintiff shall pay KRW 500 million to Defendant B at the same time upon entering into the instant arrangement concerning the management services contract for 63 building US dollars in relation to the progress of the building management services of the Hancheon Group. At the same time, the Plaintiff shall pay the amount of KRW 500 million to Defendant B as the refund of Ma &M

Provided, That KRW 100 million shall be paid on July 30, 2013, and KRW 100 million shall be paid on July 31, 2013, and the balance shall be KRW 300 million shall be paid on August 12, 2013.

Article 9 Section B and the Plaintiff agree on penal provisions in violation of each of the terms and conditions in order to prepare the said agreements and implement the terms and conditions of the agreement in good faith. Within one month from the date of reversal of the instant agreement, the parties violating the instant agreement agree to pay the amount of KRW 1 billion to the other party to the instant agreement as penalty.

B. In accordance with the instant agreement, the Plaintiff at the time said agreement was concluded, i.e., the U.S. dollars management service company in 63 buildings, and i.e., the company outside Korea.

In order to pay KRW 500 million deposit to Defendant B, the deposit amount of KRW 500 million was paid from July 30, 2013 to August 12, 2013 to E’s account operated by Defendant B.

C. Meanwhile, the Defendants demanded the Plaintiff to pay for the performance of their duties under the instant agreement.

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