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(영문) 수원지방법원안산지원 2016.12.14 2016가단56335
약정금
Text

1. The Defendant’s KRW 168,482,00 for the Plaintiff and 6% per annum from March 11, 2016 to December 14, 2016.

Reasons

1. Basic facts

A. The Defendant is the actual owner and seller of the 11st household pentle (hereinafter “instant pentle”).

On October 12, 2015, the Plaintiff received from the Defendant KRW 84,000,000 per household for the construction cost of the instant pension construction project ( KRW 4,000,000 per square year x 21 square year), total amount of KRW 924,00,000 per household.

(hereinafter referred to as "existing construction contract": Provided, That in the contract, the buyer of each of the above households shall be the contractor, and the defendant shall be the buyer's agent and joint guarantor.

B. Of the instant pension, the Plaintiff provided KRW 1,50,000 for the instant basic facility cost to a sewage supplier C on December 29, 2015.

On October 30, 2015 to January 22, 2016, the Defendant awarded a total of KRW 37,600,000 to the Plaintiff as construction price.

C. On January 23, 2016, the Plaintiff and the Defendant promised that “the remainder of the construction cost shall be KRW 19,400,000 upon the actual execution thereof, and the Defendant shall settle the said money by January 28, 2016. If the Defendant fails to perform it, the Plaintiff may claim the construction cost corresponding to the existing construction contract, not the actual execution thereof,” and the Defendant promised that “The remainder of the construction cost shall be KRW 19,40,000 upon the actual execution thereof.”

(hereinafter “this case’s settlement agreement”). 【No dispute over the grounds for recognition”, entry in Gap’s evidence Nos. 1, 2, 3, 6, 7, and 8, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant did not grant the construction cost settlement by January 28, 2016.

Therefore, in accordance with the instant settlement agreement, the Defendant: (a) KRW 224,140,00 [21.0,000 (21.02 x 4,00,000) 2 Dong 54,440,00 (13.61 x 4,000,000)] 10 Dong 10, 84,120,000 (21.03 x 4,000) (21.0 x 4,50,000); (b) 5,7,000 won for basic installation works (21.0 x 4,00,50,000) as of the previous construction contract; and (c) the remainder of KRW 186,50,000 calculated by subtracting the construction cost already paid from KRW 37,60,00,000].

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