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(영문) 대구지방법원경주지원 2015.11.10 2015가단11673
약정금
Text

1. The Defendant’s KRW 50,000,000 as well as the annual rate of KRW 5% from December 21, 2014 to November 10, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 20, 2013, the Defendant awarded a contract for construction of a factory site and construction of a factory on the surface of 7, 00,000,000 Y-si, Seocheon-si, Seocheon-si, and 7 lots of land, and the construction of a factory was subcontracted to Yelim Co., Ltd. (hereinafter “Selim C”), with the construction of civil engineering works, retaining walls, cutting construction works, and road packing works (hereinafter “instant construction”). On April 20, 2014, the Plaintiff: (a) ordered dump truck construction works to lease equipment at the construction site of this case; (b) designated 40,000 won per 1 sump truck and 350,000 won per 1 sump truck (oil supply separately); and (c) inserted dump truck and equipment at the construction site of this case to lease equipment at the construction site of this case.

B. On November 22, 2014, the Defendant, as a letter of commitment, drawn up and sent to the Plaintiff a letter of payment (hereinafter “instant letter of payment”) with the following content as a letter of consent.

The name of the construction: It is letter that the above amount shall be paid by the loan until December 20, 2014, for the construction work and oil cost of the Incheon Northern Factory Site: 130,000,000 won (the balance shall be settled and settled).

(Conditions to complete the disposal of residual soil in the site and franchising: The condition of the Mere Mere Mere Mere Mere: In principle, the defendant must take out loans and dispose of them in a direct manner, and the forest Mere alk

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The parties' assertion

A. On November 22, 2014, the Plaintiff agreed to receive the unpaid equipment rental fee of KRW 130 million from the Defendant, on the condition that the Plaintiff completed the treatment of tinto and fry, on November 22, 2014, on the condition that the Plaintiff would be paid the unpaid equipment rental fee of KRW 130 million from the Defendant. (2) The Plaintiff would process tinto and fying back to the construction site of this case.

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