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(영문) 서울동부지방법원 2017.09.13 2016가단136959
손해배상(기)
Text

1. The Defendants shall pay 20 million won to each Plaintiff and 25% per annum from August 16, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On April 1, 2016, the Plaintiff and the Defendants agreed to construct a building (construction of a house and warehouse) and civil engineering works (such as stone embankments, road packaging, and sewage terminal construction) (hereinafter “instant real estate”) under the Gyeonggi-do Yangyang-gun D and E Real Estate (hereinafter “instant real estate”), and agreed as stipulated in the following agreement (hereinafter “instant agreement”).

1. The Plaintiff shall pay KRW 15 million up to April 10, 2016, KRW 20 million up to May 4, 2016, and KRW 15 million up to the receipt of the third construction completion as Defendant B’s account.

(The date of receipt shall be notified to A and shall be paid within five days from the date of receipt). 2. When the permission for completion of the instant real estate is not acquired until August 15, 2016, the Defendants shall pay 200 million won to the Plaintiff as damages.

If the Plaintiff is not paid KRW 200 million for damage after August 15, 2016, the interest rate of 25% per annum shall be calculated and paid.

3. The Plaintiff shall pay 100 million won per day to the Defendants as damages for nonperformance of the deposit date (the first, second, and third).

In addition, the plaintiff has civil and criminal responsibility.

4. The purpose of this Agreement is to complete the construction completion at the location of the instant real estate and to sign the agreement with three consenters (Plaintiffs and the Defendants).

5. (Omission)

B. According to the instant agreement, the Plaintiff deposited each of the KRW 15 million on April 8, 2016, ② KRW 20 million on May 4, 2016, ③ KRW 15 million on August 8, 2016, respectively, into the Defendant Han Bank’s deposit account.

C. The Defendants did not obtain approval for the use of construction and civil engineering works until the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 5 and 11 evidence, the purport of the whole pleadings

2. Prior to the determination of the cause of the claim, the receipt of the completion of the instant agreement refers to the receipt of the application for approval of use and the completion of the completion of the construction.

Until August 15, 2016, Defendants are related to construction of buildings, etc.

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