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(영문) 대전지방법원 2018.10.24 2018가합102199
손해배상(건)
Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from February 28, 2018 to October 24, 2018 to the Plaintiff.

Reasons

The gist of the plaintiff's assertion was that the plaintiff should prepare money to use as construction expenses. However, the defendant agreed to lend KRW 1 billion to the plaintiff and the plaintiff paid KRW 300 million to the defendant as the deposit money.

The Defendant would pay KRW 300 million and KRW 1 billion to the Plaintiff by December 31, 2017.

“The Plaintiff did not comply with the agreement, but did not comply with the agreement, and if the Defendant fails to pay KRW 500 million to the Plaintiff by February 13, 2018, the amount of KRW 500 million shall be paid to the Plaintiff as damages.

A written statement stating “The Defendant did not pay KRW 500 million to the Plaintiff until February 13, 2018, and the Defendant is obligated to pay KRW 500 million and delay damages to the Plaintiff as compensation for damages. As the Defendant’s assertion promises to pay damages to the Plaintiff and B, it is excessive that the Plaintiff is not obligated to pay KRW 500 million in full, and that the loan has been delayed, and it is paid KRW 500 million in full. If the purport of the argument is added to the statement of evidence No. 1, the Defendant prepared and delivered a written statement stating “if the Plaintiff did not pay KRW 500 million to the Plaintiff and B by February 13, 2018, it shall be deemed that the Defendant would pay KRW 500 million to the Plaintiff and B,” according to the above facts, the Defendant and the Plaintiff agreed to pay KRW 500 million to the Plaintiff as compensation for damages if the agreement was not concluded by the Plaintiff.”

In addition, the fact that the defendant did not lend KRW 500 million to the plaintiff and B until February 13, 2018 does not conflict between the parties.

However, in principle, the claim relationship between many parties under the civil law is in principle.

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