logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.01.25 2016가단19784
금전(기타)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from January 1, 2016 to June 30, 2016.

Reasons

1. Facts of recognition;

A. On July 6, 2015, the Plaintiff and the Defendants drafted each of the following phrases (hereinafter “each of the instant letters”).

(1) When performing construction works for D forest land in Yongnam-gun, the Plaintiff entered into a waste disposal contract for standing trees, etc. with Defendant B (hereinafter referred to as the “Defendant Company”) and treat part of the price as the repayment of KRW 100 million in the borrowed amount.

② If a construction contract does not become a part of the construction price under the above paragraph (1) or a construction contract is not established, the Defendants shall be paid in full from January 2016 to each other, and if necessary, the Plaintiff and the Defendants shall be treated through consultation.

Provided, That in the event that some payments have not been made even for six months since January 2016, the defendants will lose the benefit of time.

B. However, since January 2016, the Defendants did not enter into a waste disposal construction contract for standing timber, etc. as stipulated in the instant letter, and the Defendants did not pay part of KRW 100 million to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the facts of recognition under Paragraph (1) of the judgment as to the cause of the claim, the Plaintiff and the Defendants agreed that the Defendants shall perform the construction work of wastes, such as standing trees, and receive KRW 100 million from the Plaintiff in lieu of paying the Plaintiff’s obligation to pay KRW 100 million to the Plaintiff. However, if the above construction contract is not concluded, the Defendants shall pay the Plaintiff in installments from January 2016 to the Plaintiff, and if the Defendants fail to pay some of the above KRW 100 million to the Plaintiff by July 2016 after six months from the above date, they shall lose the benefit of time and pay the full amount of KRW 100 million (hereinafter “instant agreement”).

However, this case.

arrow