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Reasons
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(영문) 대구지방법원김천지원 2015.10.30 2014가합2245
계약보증금 반환 등
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1. The Defendant: (a) KRW 220,350,000 for the Plaintiff and KRW 20% per annum from April 22, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs interim disposal, recycling, installation, and removal of construction waste in the Gu and Si, and the Defendant is the representative director of C Co., Ltd (hereinafter “C”) that conducts real estate development and consulting, apartment and commercial construction at the Namyang-si city.

(A) Certificate No. 2 of this case

1. A project owner: C;

4. Hours of construction: 13,950,000 won for the contract on January 30, 2014, as of the completion of construction on July 20, 2013;

6. Payment of the price: Each payment of KRW 4.185 billion (30%) on the date of commencement, KRW 4.185 million (30%) until October 20, 2013, KRW 4.185 million (30%) and KRW 5.58 million (40%) within five days after the completion of construction, respectively.

7. Contract bond: (Plaintiff) if the commencement date is not possible by the date of commencement due to the reasons of C by depositing KRW 350 million in the passbook after all notarial acts, C shall pay the full amount of the contract bond and interest at the rate of 25% per annum to the Plaintiff and then take the time of commencement again.

Article 3 (Matters of Agreement)

1. The steel plates located on the floor of the building to be demolished existing in the E-Japan at Namyang-si shall be able to be removed within 30 days from the date of the contract after the conclusion of this contract by consultation with the Plaintiff and C, so that the Plaintiff may be reimbursed the contract bond provided to C.

B. On April 9, 2013, the Plaintiff entered into a contract with C on the following terms with respect to the removal of a building in the multi-family complex in Namyang-si, Namyang-si:

(hereinafter “instant contract”). (c)

C On April 9, 2013, a notary public drafted to the Plaintiff a notarial deed of monetary loan agreement with a legal firm reputation of KRW 350 million, the due date of repayment, May 10, 2013, and 25% per annum of delay damages, as the amount of lending KRW 208,000,000,000,000 to C’s national bank account on the same day, and the Plaintiff transferred to C’s bank account of KRW 150,000,000,000 to KRW 350,000,000.

C Within 30 days after the conclusion of the instant contract, not only the Plaintiff did not allow the Plaintiff to commence the removal of the steel board of the floor of the building in the D Complex.

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