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(영문) 서울중앙지방법원 2016.11.28 2015가단5328616
약정금
Text

1. The Plaintiff, Defendant B, as well as Defendant B’s KRW 20,000,00,000 from November 29, 2016, Defendant C, as well as KRW 50,000,00.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 5 (including paper numbers) and all the arguments.

The plaintiff, who performs tin construction in the name of Ministry E, was a tin construction among construction works for G building located in Mapo-gu Seoul Metropolitan Government.

B. As the H Co., Ltd., the owner of the said G building, did not pay the construction cost, around September 2009, the Plaintiffs, Defendant B, etc. constituted a bond group with other construction business operators of the G building, exercised the right of retention for the G building, and the said bond group died on July 2013, Defendant B was elected as a new representative.

C. We now paid the successful bid price on August 13, 2013 in the auction procedure for the above G building and its site for the 12nd securitization company.

On August 2013, 2013, the lien holders of the 12th securitization specialized company, H stock company, and G building agreed to pay KRW 100,000,000 to the lien holders, on the condition that the 12th securitization specialized company in the 12th securitization won won in the Seoul Western District Court 2012 Gohap30458, and that the possession of the 12th securitization specialized company is completely transferred to us, the lien holders and H stock company will pay KRW 700,000,000 in addition to the 12th securitization specialized company.

E. We paid 700,000,000 won on November 20, 2013, and 100,000 on April 23, 2014 to the representative of lien holders, in accordance with the above agreement.

F. Defendant B transferred KRW 150,000,000 out of the above agreed amount to Defendant D on November 20, 2013, and failed to properly implement distribution procedures, such as excessive distribution to himself/herself and Defendant C. Following the Plaintiff’s objection, Defendant B and the Plaintiff agreed to pay KRW 20,000,000 to the Plaintiff on April 25, 2013. Defendant C and the Plaintiff on June 20, 2015.

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