logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.11.04 2019가단18006
약정금청구
Text

1. The defendant shall pay 160,000,000 won to the plaintiff and 12% per annum from January 9, 2020 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff delivered KRW 6 million to the defendant around September 2008, and KRW 50 million to the defendant around October 2008. With respect to the above KRW 50 million on October 24, 2008, the defendant borrowed the above money from the plaintiff as a security deposit for removal of oriental medical hospital and agreed to pay KRW 50 million to the plaintiff when the defendant received advance payment of the above construction work, KRW 50 million to the plaintiff when he received advance payment of the above construction work, or KRW 100 million to the plaintiff when he received advance payment of the construction work price (hereinafter "the first agreement of this case"). The defendant either paid the above KRW 60 million to the plaintiff on October 9, 2009, or sought payment of KRW 100 million to the court of Seoul High Court by not later than the end of November 1, 2009, the above agreement of Seoul High Court 2010 million.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 160 million in the agreed amount (i.e., KRW 150 million in the agreed amount of KRW 150 million in the instant case) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 9, 2020 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The gist of the defendant's assertion is that the defendant received KRW 6 million from the plaintiff to carry out a public auction project, such as Otoba, and received KRW 50 million to carry out a building remodeling project together, and each of the instant cases.

arrow