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(영문) 대전지방법원 2017.05.10 2016가합100311
약정금
Text

1. The Defendants jointly pay to the Plaintiff KRW 430,000,000 and the interest rate thereon from January 28, 2016 to the date of full payment.

Reasons

1. Facts without dispute;

A. The D Urban Development Project Association (hereinafter “instant Association”) is a cooperative that implements a new apartment construction project on the land of Dong-gu Daejeon-gu, Daejeon, and Defendant B is the head of the said cooperative, and Defendant C is the promotion chairperson of the said cooperative.

B. A limited partnershipF (hereinafter “F”) is a company that runs a business such as civil engineering work, and the Plaintiff is a representative of F.

C. The instant association contracted apartment site infrastructure and civil engineering works (hereinafter “the instant infrastructure construction”) to third-party companies (hereinafter “third-party companies”) implemented in the Dong-gu Daejeon-gu E land.

2. The parties' assertion

A. Plaintiff’s assertion 1) The Defendants demanded that the Plaintiff pay KRW 400,000,00 in return for the Plaintiff’s order that “the instant association will give a contract for the construction of the foundation F,” and agreed to refund the said money if it is impossible to give the contract (hereinafter “the first agreement”). The Plaintiff paid KRW 400,000,000 to the Defendants four times between June 3, 2014 and July 1, 2014, while the Plaintiff paid KRW 400,000 to the Defendants, the instant association was awarded a contract for the said construction, and the Defendants returned KRW 370,00,000,000 to the Plaintiff on behalf of the said 370,000,000,0000 out of the said money, or the Defendants paid KRW 400,000,000 to the Plaintiff as compensation for damages under the agreement that the Plaintiff did not contract for the construction of the foundation, 300,0000,000 won.

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