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(영문) 청주지방법원 2018.11.15 2017가단112737
약정금
Text

1. Defendant B Co., Ltd.: KRW 9,770,457 on the Plaintiff and 5% per annum from December 5, 2017 to November 15, 2018.

Reasons

1. Basic facts

A. A. Around July 16, 2015, Defendant B (hereinafter “Defendant Company”) agreed between the Plaintiff and the Plaintiff to give a contract to the Plaintiff for the civil engineering design regarding the D redevelopment project in Chungcheongnam-gu Seoul Special Metropolitan City. However, the Plaintiff loaned the Defendant Company a KRW 10 million to the Plaintiff, and if the contract is not concluded, the Defendant Company agreed to pay the principal plus interest of KRW 2% per month.

(Period of Agreement until the end of October 2015). Accordingly, the Plaintiff wired KRW 10 million to the Defendant on the same day.

(hereinafter referred to as the "first agreed amount").

From July 17, 2015 to September 3, 2015, the Plaintiff: (a) transferred a total of KRW 20 million to the Defendant Company on nine occasions (the KRW 1 million is transferred to the Defendant Company’s account); (b) around September 2, 2015, the Defendant Company entered into a contract for the removal of the housing site development zone in the future with the Defendant Company; (c) however, if the removal contract is not concluded, the Plaintiff agreed to pay KRW 20 million plus interest of KRW 20 million per month on the principal amount.

Terms and Conditions of the Agreement until October 2015, hereinafter referred to as "the second agreed amount").

On September 9, 2015, the Plaintiff transferred total of KRW 15 million to the Defendant Company on two occasions. D.

By October 31, 2015, the period agreed upon by the Defendant Company, the Defendant Company did not conclude a contract for the civil engineering design of D redevelopment and the removal of the E Housing Site Development Zone. Of them, regarding D housing redevelopment projects, the Defendant Company cancelled and publicly announced the improvement zone around April 7, 2017.

E. Accordingly, the Plaintiff demanded the Defendant Company to return the money paid pursuant to the above agreement, and the Defendant Company demanded the Plaintiff to return the money to the Plaintiff on October 13, 2016, KRW 4 million on December 6, 2016, KRW 4 million, and the same month.

9. KRW 10 million, KRW 15,000,000 for the same month, KRW 1 million on February 2, 2017, and the same month;

3. The remittance of KRW 4 million, KRW 5 million on November 14, 201, and KRW 46 million on November 2, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 5, 6, 8, Eul 1, Eul 1, Eul 1, the purport of the whole pleadings

2. The plaintiff's assertion is three occasions with the defendant company.

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