logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.30 2015가합4136
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 29, 2006, the Plaintiff acquired from B and C the status of a member of the D Regional Housing Association (hereinafter “instant Association”).

Defendant Hanyang Development Co., Ltd. (hereinafter referred to as “Defendant Hanyang Development”) is a project implementer that carries on the F collective housing development project (hereinafter referred to as “instant project”) in Seongdong-gu Seoul, Seongdong-gu, Seoul, and Defendant Two Industries Co., Ltd. (hereinafter referred to as “Defendant Two Industries”) is the starting project of the instant project.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted as a member of the instant association, who is the chairperson of the emergency countermeasures committee in relation to the instant business, spent expenses incurred in promoting the instant business.

Accordingly, Defendant Hanyang Development agreed to pay to the Plaintiff KRW 1,500,000 (for value-added tax and corporate tax, KRW 1,500,000) and KRW 2,500,000 per month’s cost of living until the completion of the payment.

The defendant Samsung Heavy Industries guaranteed the defendant Hanyang Development's obligation to pay the above KRW 1,500,000 per month and KRW 3,000,000 per month.

Defendant Hanyang Development paid only KRW 1,000,000,000 among KRW 1,500,000,000 to the Plaintiff, and the value-added tax and corporate tax for KRW 1,00,000 were also paid to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 1,08,000 (=50,000,000 (=1,500,000,000-1,000,000), and delay damages therefrom (=32% of value added tax and corporate tax for KRW 1,50,000,000)] and the Plaintiff are liable to pay KRW 108,000,000 (3,000,000 x 36 months).

B. The fact that the result of fact-finding inquiry on Gap's evidence Nos. 4 to 7 and 10 to 12 (including paper numbers) and each fact-finding on the school guarantee right corporation and the Housing City Guarantee Corporation alone agreed to pay to the plaintiff KRW 1,500,000,000, and ② 1,500.

arrow