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(영문) 서울서부지방법원 2016.09.29 2016가단15870
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff with KRW 28 million and the interest rate of KRW 15% per annum from July 14, 2016 to the day of full payment.

Reasons

① Around June 2015, the Plaintiff was unable to receive the construction cost even after having been awarded a contract with D Co., Ltd. over several occasions. Around June 2015, Defendant C, the representative of the said D Co., Ltd., and the head of the management team, filed a criminal complaint against the said Defendant E for fraud; ② Defendant C, the wife of the said Defendant C, agreed to pay the Plaintiff the construction cost of KRW 28 million payable to the Plaintiff on June 24, 2015 on the condition of withdrawal of the Plaintiff’s criminal complaint from July 2016 to the last day of every seven months; ③ the Plaintiff voluntarily withdrawn the criminal complaint against Defendant C and E, but the Defendants (the Defendant C also did not dispute the Plaintiff’s obligation to pay KRW 28 million with the above construction cost of KRW 28 million with the payment of the construction cost of KRW 28 million with the payment of KRW 15 million with the payment of the damages for delay of KRW 20,500,000,000 from the aforementioned construction cost.

As to this, the Defendants asserted that additional reimbursement of KRW 4.2 million was made on September 17, 2015, and KRW 2.2 million on October 23, 2015, but the evidence submitted by the Defendants on whether the said money was appropriated for the repayment of the remainder of the construction project is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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