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(영문) 부산지방법원 동부지원 2018.06.27 2018가단200589
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 77,727,273 and the interest rate of KRW 15% per annum from December 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that conducts an investigation and vicarious execution of land, etc. related to land expropriation compensation, and the Defendant is a company that conducts an industrial complex development project.

B. Around November 2015, the Plaintiff entered into a service contract with the Defendant to act on behalf of the Defendant to compensate for losses on the land, etc. incorporated into “B development project” (hereinafter “instant service contract”), and entered into a modified contract on November 16, 2016.

Note 80,000,000,000

1. The name of the service contract: Services for compensation for the creation of a general industrial complex (B) in the plane-gun Busan Metropolitan City;

2. Date of cancellation: Deposit: Amount remaining 30,00,000 won per day on February 27, 2017 (payment within March 31, 2017) 20,000,000 won.

4. Contract deposit: daily gold KRW 50,000,000 (which shall be paid after approval by the D board of directors), the Defendant (hereinafter referred to as “A”) is a project implementation corporation’s PM business entity (SPC)’s (hereinafter referred to as “SPC”), under mutual agreement with the Plaintiff’s representative director E (hereinafter referred to as “B”), cancel a compensation service contract for the matters entered into with the Plaintiff’s (hereinafter referred to as “B”), and thereafter “B” does not file a civil or criminal objection.

C. On February 27, 2017, the Plaintiff and the Defendant agreed to terminate the instant service contract, and prepared a technical service termination note as follows:

(hereinafter “instant cancellation letter”). D.

The Plaintiff received KRW 30,000,000 from the Defendant after the completion of the instant cancellation document.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. In full view of all the circumstances revealed through the facts of the determination as to the cause of the claim and the evidence mentioned earlier, the Defendant agreed to terminate the instant service contract with the Plaintiff, and the Defendant returned deposit KRW 50 million, which the Plaintiff paid to the Defendant, in the conclusion of the instant service contract, twice as indicated in the cancellation of the instant contract, and additionally, additionally, KRW 50,000,000,000, which was paid to the Plaintiff under the instant service contract.

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