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(영문) 인천지방법원부천지원 2019.08.20 2019가단20643
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is an executor of the complex facilities of Kimpo-si (hereinafter “instant complex facilities”).

And D Co., Ltd. (hereinafter “D”) is a sales agency which entered into a sales agency agreement with the Defendant for the complex facilities of this case. B. The Plaintiff, as of August 8, 2017, pays KRW 500 million to D as contract deposit under the sales agency agreement for the complex facilities of this case, if the Plaintiff pays KRW 500 million to D as contract deposit under the sales agency agreement for the complex facilities of this case. D pays KRW 500 million to the Plaintiff by November 30, 2017.

(c) The Plaintiff paid D the sum of KRW 100 million on August 8, 2017, and KRW 500 million on August 10, 2017 (hereinafter “instant amount”). D on December 1, 2017, the Plaintiff repaid the Plaintiff KRW 100 million out of the agreed amount under the instant agreement under Article 1. In addition, as between D and December 4, 2017, the Plaintiff paid the remainder of KRW 500,000,000,000,000 to the Plaintiff by March 31, 2018, pursuant to the instant agreement.

"Agreement" (hereinafter referred to as "Agreement 2") means the Agreement 2.

AB concluded the agreement.

E. D fails to pay KRW 600 million as agreed upon under the instant agreement by March 31, 2018, and as the Plaintiff, the Defendant, and D, on April 18, 2018, the following matters are stipulated as “the instant agreement of joint and several sureties A, hereinafter referred to as “the instant agreement”).

A) The Plaintiff drafted a claim. Article 1 (Claims Obligations) The Plaintiff has the following claims against D and pays a copy to the Defendant. (1) The name of D Investments Amount 2): The amount of claims: the principal amount of KRW 500 million; the interest of KRW 125 million on principal amount of KRW 625 million; the due date of payment: April 30, 2018: the interest interest rate of KRW 25 million: the interest rate of arrears (5%) Article 2 of the Agreement on Return of Interest (5% per month) (Joint Guarantee Defendant confirmed claims and obligations under Article 1).

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