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Reasons
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(영문) 서울남부지방법원 2020.01.16 2018가단238944
약정금
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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual 6% from May 23, 2019 to January 16, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Geumcheon-gu Seoul Metropolitan Government land and the ground building (hereinafter “instant building”), and around July 2017, discussed on the rebuilding of the instant building upon introducing E employees of the Defendant (former Company D) (former Company D).

B. On July 27, 2017, the Plaintiff entered into an enforcement agency contract with the F Co., Ltd. (hereinafter “F”) on the content that the cost of design and supervision, authorization and permission, loss, removal, etc. of the instant building is KRW 90 million as the F enforcement.

C. On September 21, 2017, the Plaintiff entered into a contract for the new construction of a multi-household housing (hereinafter “instant construction contract”) with the Defendant by setting the construction cost as KRW 330 million (excluding surtax).

From September 25, 2017 to January 8, 2018, the Plaintiff paid KRW 70,000,000 on September 25, 2017, No. 30,000,000 on the receipt account on September 25, 2017 with the Defendant and the person in charge of the instant construction, as indicated in the table, the sum of KRW 100,000,000 on September 15, 207, No. 300,000 on the I Deposit Account of the National Bank of KRW 40,00,000,000 on November 15, 207, No. 11740,000,00 won on December 18, 17, 197, No. 1000,30,00,000 won on the deposit account of the National Bank of KRW 10,000,308,000.

E. From January 2018, the Defendant did not proceed with the instant construction from around January 2018, and E was detained in a criminal case on February 9, 2018, and was suspended until March 1, 2018.

Construction name: The construction address of the new construction project for the C Multi-household: The owner of Geumcheon-gu Seoul Metropolitan Government: the plaintiff - internal use -

1.In the completion of a new construction project in connection with the said project, the following shall be observed:

2. The remaining construction cost shall be KRW 200,000,000 (Won 200,000);

3. Of the remaining construction cost, the daily sum of KRW 150,000 (Won 150,000,000) shall be paid to the project owner;

4. Of the remaining proceeds of construction works, the 50,000 Won (Won 50,000,000) shall be a construction company.

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