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(영문) 서울북부지방법원 2018.09.20 2017가합20528
약정금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 376,80,000 as well as to the period from August 17, 2016 to September 20, 2018.

Reasons

2. Claim of KRW 200,00,000, which is part of the claim for construction price acknowledged by the debtor and owned by the transferor of the claim to indicate the transfer;

G. Meanwhile, on August 8, 2016, the date of transferring the second assignment of claims of the instant case, the Plaintiff drafted a written agreement with the Defendant Company as follows:

(A) No. 8, hereinafter referred to as “instant agreement”). Written agreement: Plaintiff - Details of the agreement

1. The Agreed shall receive KRW 400,000,00,000, which is a part of the defendant company’s E-House construction cost claims.

2. The arbitr shall receive the amount at the rate of 60% of the Defendant Company and 40% of the Plaintiff Company when the Defendant Company received the provisional attachment payment, by provisional attachment of 2014Hun-Ga750 deposit money by the Defendant Company.

3. The Agreeds shall receive KRW 10,000,000 from Defendant C after preparing a written agreement.

After the preparation of the agreement, the defendant company and the defendant C shall not pursue the responsibility, and they shall not raise an objection to the civil criminal case.

* Defendant C will pay KRW 5 million by December 31, 2016.

On August 8, 2016, 2016, Defendant C Hah, the representative director of the Plaintiff Company, who is a seal agreement.

H. On August 16, 2016, Defendant C transferred total of KRW 23,200,000 to the Plaintiff’s account under the name of Defendant C.

G. Meanwhile, E apartment was approved on September 17, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, 4 through 10, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff E apartment was approved on September 17, 2015, and the Defendant Company paid only KRW 23,200,000 among them to the Plaintiff according to the instant agreement, and thus, is obligated to pay the remainder of KRW 376,80,000 (= KRW 400,000 - KRW 23,200,000) and damages for delay.

Defendant C expressed his intent to perform the obligation under the agreement jointly with the Defendant Company at the time of the conclusion of the instant agreement, and thus, the said money is jointly and severally with the Defendant Company.

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