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(영문) 서울중앙지방법원 2015.10.20 2015가단5081559
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60,000,000 and the interest rate therefor from January 20, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On August 27, 2013, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded the instant agency contract (hereinafter “instant agency contract”) with the following contents that the Plaintiff would select the construction works of the D Apartment to be newly constructed on behalf of the Defendant A (hereinafter “instant apartment”) and on the 21st parcel (hereinafter “instant apartment”). Defendant B jointly and severally guaranteed the performance of Defendant A’s obligations under the instant agency contract. The main contents are as follows.

Article 3 (Contract Period) The contract concerned shall begin from the date of conclusion of the contract and shall end at the time of completion of settlement after the selection of the contractor.

-Article 4 [Duties of Defendant A (Defendant A) and (Plaintiff)] (1) In order to assist the smooth progress of the said new construction project, Party B shall lend KRW 30 million to Party A within three months from the date of execution of this Agreement.

② A shall fully refund the said paragraph (1) within three months from the date of completion of the deposit.

(3) If Gap and Eul violate the above paragraphs (1) and (2), or the contract is terminated or terminated due to any cause attributable to Gap and Eul, Gap and Eul shall compensate twice the amount of the above paragraph (1) as penalty.

B. On September 12, 2013, the Plaintiff transferred the instant loan amount of KRW 30 million to Defendant A (hereinafter “instant loan”).

C. After that, the new apartment construction project of this case is not carried out due to the auction of the land for the new apartment construction project of this case, and the Defendants did not return the loan of this case to the Plaintiff until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants did not perform the instant loan even though they returned the instant loan to the Plaintiff by December 12, 2013 under the instant agency contract, and thus, the Defendants did not perform it. As such, the amount of penalty is KRW 60,000,000,000,000,000 won.

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