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(영문) 울산지방법원 2016.04.14 2015가합1228
약정금
Text

1. The Defendants jointly and severally against Plaintiff A, KRW 100,00,000, and KRW 400,000 to Plaintiff B, and each of the said money.

Reasons

1. Facts of recognition;

A. Defendant D is the representative director of G Co., Ltd., the owner of F and ground factory buildings (hereinafter “instant factory”), the owner of 14,215 square meters of land E-gu, Northern-si, Mapo-si, and Defendant C is a child of Defendant D, who actually takes charge of the management of two companies.

B. G Co., Ltd. awarded a contract for the construction of the instant plant to the Enzye comprehensive construction company.

He subcontracted part of the factory construction work to the plaintiffs, but the plaintiff A, the representative of H, was the Panel Corporation (the contract amount: KRW 269,500,000) on August 24, 2008, and the plaintiff B, the representative of I, the plaintiff B, the representative of I, completed the construction work on August 25, 2008 by receiving the steel frame construction (the contract amount: KRW 761,200,000) respectively.

C. Since October 2008, the New Factory Construction Corporation was actually suspended due to the payment of the construction cost by subcontractors from around October 2008, the subcontractor exercised the right of retention, and the land for factory was released voluntarily on June 2, 2009 due to the overdue interest on the loan, and auction was conducted.

On the other hand, on March 19, 2009, the plaintiffs completed the registration of establishment of mortgage on the land for factory as the secured claim.

On January 11, 201, in order to withdraw an auction, Defendant C agreed to sell a factory within three months in cases where there are parts of the amount of KRW 1,200,000,000,000, which were paid immediately and the amount of KRW 700,000,000, which were given up the right of retention in the exercise and reduced the amount of KRW 1,200,000,000, which were paid immediately, to the Plaintiffs.

E. On August 6, 2012, the Defendants drafted a letter of performance that they would pay the Plaintiffs KRW 500,000,000 for the payment of the construction cost.

F. The Plaintiffs filed a complaint against Defendant C as a crime of fraud (in the case of Plaintiff A, the husband who is the husband) in order to not pay the agreed construction cost.

on February 12, 2015, the Daegu District Court of the first instance shall have jurisdiction over the Port Branch Court of the Daegu District Court.

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