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(영문) 의정부지방법원 2015.05.15 2014나7781
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On September 17, 2010, the Plaintiff paid to the Defendant KRW 10 million as a down payment for the acceptance of a closed vinyl renovation project, and on October 12, 2010, KRW 30 million as an office lease deposit for the operation of the said project.

B. In addition, on December 27, 2010, the Plaintiff introduced the key lighting business that C promoted from the Defendant, and agreed to receive interest equivalent to 10% per month when paying KRW 20 million to C as its business fund.

C. However, the Plaintiff, which became aware of KRW 7 million out of the title of the said down payment and KRW 37 million in total, including KRW 10 million in the name of the said down payment, was used for other purposes, demanded the Defendant to return the said deposit, and the conflict between them has been deepened. On April 16, 201, C was gathered on one of the original Defendant and three of the said parties. In that place, “C shall take over the Defendant’s obligation of KRW 30 million in total, and KRW 20 million in total shall take over the Defendant’s obligation, and KRW 50 million in total, including interest thereon, shall be borne by the guarantor at the time of the instant agreement to the effect that the Defendant shall make up and deliver the agreement to the effect that the Plaintiff is liable for the debt of KRW 70 million in total,000,000,000 in total (hereinafter “the agreement to make up the agreement to the effect that the agreement to make up the agreement to the Plaintiff by 21/20,292.”

On the other hand, with respect to the above KRW 37 million, the defendant was indicted for fraud by Seoul Eastern District Court 2012dan3089 on December 12, 2012 and was sentenced to a suspended sentence of two years on September 22, 2014, and C did not obtain permission for the above key operations until it is now.

[Ground of recognition] Facts without dispute, significant facts, entry of Gap evidence 1 through 6, and the purport of the whole pleadings

2. The parties' assertion and judgment

(a)the cause of the claim;

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