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(영문) 부산지방법원동부지원 2020.02.12 2019가단5422
약정금
Text

1. The Defendant’s KRW 9,366,00 for the Plaintiff and the Plaintiff’s annual rate of KRW 5% for the period from April 9, 2019 to February 12, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land and the building on the ground in Busan Young-gu, Busan, and the Defendant is the executor of the construction work of the 3rd underground and the 18th ground-based multi-purpose apartment (hereinafter “instant construction work”).

B. On November 13, 2018, the Plaintiff filed a lawsuit seeking damages against the Defendant and F Co., Ltd., Ltd., the contractor of the instant construction (hereinafter “F”), the Busan District Court Branch Branch of the District Court, 2018Kadan22111, claiming that the construction of the instant building owned by the Plaintiff was defective due to the crack, water leakage, damage, etc.

C. On April 2, 2019, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following content, and the subsequent agreement was “instant agreement” (hereinafter “instant agreement”).

The civil petition agreement Gap (Defendant) and Eul (Plaintiff) agree, with respect to the instant construction project, as follows, by a clear and free will:

1. A shall pay to B KRW 72,00,000,000 at the C Compensation Costs related to the instant project on April 6, 2019.

2. B withdraws all civil petitions relating to the instant project (including civil petitions, provisional seizures, etc. filed with the Young-gu Office) by April 6, 2019, and subsequently suspends all actions or activities relating to the civil petition (including removal of banner), and does not file any civil, criminal and civil complaints or claims, including the request for repairing the building owned by B, and does not commit any actions relating to the civil petition.

3. B shall return to F the deposit of 5,000,000 won in the office housing G heading office of the C building by April 6, 2019.

(Account Number shall be omitted)

4. B shall remove or move to outside the site of the instant construction within 20 days from the date of this Agreement at the expense of B the building purification tank attached to the instant construction site, and make every effort to exercise the instant construction project and to secure the ownership of the site and to approve the use thereof by the owners of the subsequent site.

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