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(영문) 수원지방법원 2018.11.15 2018가단4334
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from January 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 26, 2016, the Plaintiff entered into a contract with the Defendant, who is a construction business operator, to construct a penture building, etc. on the land outside C and two parcels.

The main contents are as follows:

The date of commencement: The date of completion of the project on February 29, 2016: The contract amount: 580 million won (excluding value-added tax): An advance payment of 150 million won per contract date (payment of KRW 100 million per contract date, and KRW 50 million within 150 million): The intermediate payment of KRW 150 million (payment of KRW 50 million within 150 million within 150 days): The remainder payment after completion;

B. Accordingly, the Defendant commenced construction work around that time, and the Plaintiff paid advance payment of KRW 150 million from February 26, 2016 to April 1, 2016.

C. The original Defendant decided to change the location of a building during the construction process, and the Plaintiff, at the Defendant’s request, paid 37 million won for file change work on April 4, 2016.

The first intermediate payment of KRW 150 million was agreed to pay the Plaintiff at the time of raising the third floor slab, but the Defendant requested the Plaintiff to pay in advance.

Accordingly, on April 20, 2016, the Plaintiff filed an application for a loan with the Plaintiff’s husband to construct a new building on the land E when the Plaintiff’s husband-D-owned land, and applied for a loan with the said land as collateral. On April 29, 2016, the Plaintiff received a collateral loan from the said bank, and paid an intermediate payment of KRW 150 million to the Defendant in advance.

E. After that, there was a dispute over the design change, etc. between the original Defendant and the Defendant suspended the construction on May 6, 2016.

F. The Plaintiff demanded the Defendant to return an intermediate payment of KRW 150 million, regardless of whether the instant construction continues to exist, to the Defendant.

Accordingly, the defendant on June 2, 2016 to F who represented the plaintiff on June 2, 2016 at the Industrial Bank of Korea's Bank of Korea branch offices in which the amount of KRW 150 million is 150 million operating fund

6. 8. All deposits shall be made up to 8.

“The certificate of deposit(A) was drawn up. 4.

G. However, the Defendant failed to repay the loan KRW 150 million after June 8, 2016, and the Plaintiff raised an objection.

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