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Reasons
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(영문) 서울남부지방법원 2017.08.31 2016가단50096
약정이행금
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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from December 31, 2016 to the date of full payment.

Reasons

1. Basic facts

A. B was prosecuted against the Plaintiff on the charge of defraudation of the borrowed money against the Plaintiff, and was prosecuted as a crime of fraud and was under the criminal trial in the Daejeon District Court red support around January 2016.

B. Around that time, B’s efforts made it possible for the Defendant to receive a contract for C construction work executed by Syang Electricity Co., Ltd. (hereinafter “Syang Electricity”), and the Defendant was planned to conclude a contract with Syang Electricity Co., Ltd. on February 2, 2016, and the Defendant and B agreed to perform the said construction work contracted between B and the Defendant.

C. On January 1, 2016, B asked the Defendant to conclude an agreement that the Defendant would pay the Plaintiff the money that the Defendant would pay to the Plaintiff for the contract deposit. On February 1, 2016, the Defendant refused to accept the agreement and entered into an agreement between the Plaintiff and the Defendant as stated in the following payment commitment:

(hereinafter referred to as the “instant payment arrangement”). C The C Corporation received orders from the Director at Ob, and the C Corporation had concluded the construction contract, thereby accepting and promising to pay as agreed the following payment requests from B:

C. Foods

1. Cash this million won shall be deposited in A (Plaintiff) National Bank of Korea, simultaneously with receipt of advance payment;

2. Four million won shall be deposited into the said account in the form of a single million won from March 31, 2016 to four months.

3. The amount which is not sufficient to pay a total of KRW 0 million to the above A creditor shall be additionally paid after consultation with the Defendant after the conclusion of this contract with D Power Plants Construction Electric Installations Construction Works.

After entering into the instant payment agreement, the Plaintiff submitted to the court in a criminal case a written agreement that the Plaintiff entered into a criminal agreement with B.

E. Between the Defendant and the Syang Electricity, draw up a contract agreement on Cwork on February 16, 2017.

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