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(영문) 수원지방법원 2019.06.18 2018가단19183
약정금
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from January 24, 2019 to June 18, 2019, and the following.

Reasons

1. As stated in the attached Form 2 of the Plaintiff’s assertion on the cause of the claim, the Defendant agreed to pay to the Plaintiff in 2016 KRW 50,00,000 for retirement allowance of KRW 40,000, wage of KRW 4000,000, subrogated payment of construction materials, KRW 35,000,000, and interest of KRW 25,000,000 accrued during the Plaintiff’s lending of reimbursement of KRW 35,00,00,000, as well as delayed payment of KRW 150,000,00, the Defendant is obligated to pay to the Plaintiff for payment of KRW 150,000 and delay damages.

2. The evidence evidence Nos. 1 through 3 alone is insufficient to acknowledge the Defendant’s above agreement, and there is no other evidence to acknowledge it.

However, in full view of the evidence evidence and the purport of the entire argument as to subparagraph 3: (a) it is recognized that the Plaintiff paid the Plaintiff KRW 35,00,000,000 as construction material price on December 31, 2015, KRW 5,000,000 on January 3, 2016, KRW 10,000 on January 21, 2016, KRW 10,000 on January 22, 2016, KRW 35,000,000 on February 4, 2016, and KRW 35,000,000 on a total of KRW 35,00,00,000 on behalf of the Defendant; and (b) the Defendant is obligated to pay the Plaintiff the amount of KRW 35,00,000 on a deferred payment basis from January 24, 2019 to June 15, 2019.

The plaintiff's assertion on the grounds of the claim shall be accepted only within the scope of the above recognition, and the remainder of the claim shall not be accepted.

3. The plaintiff's claim is accepted only within the extent of the above recognition, and the remaining claims are dismissed.

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