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(영문) 수원지방법원평택지원 2016.09.08 2015가합1453
약정금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiffs KRW 500,000,000 and the interest rate thereon from March 10, 2016 to the date of full payment.

Reasons

1. Article 3 (Business Scope of Parties) A (Foreign Partnership, Defendant B, and C) of the facts of recognition.

For the purposes of this paragraph:

(3) Upon entering into this Agreement, Gap shall provide security for 500,000,000 won as security for the preparation of the Project (security for Pyeongtaek-si H/ I) 2) as a beneficiary of the Project (referred to the plaintiff; hereafter the same shall apply in this paragraph) at the time of entering into this Agreement, the following shall be the beneficiary of the Project, who is responsible for:

1. Section B shall pay 500,000,000 won as security deposit for the Corporation’s preparation to the account designated by Section A for the smooth progress of the Project.

Article 8 (Non-performance of Contracts, Compensation for Damages, etc.)

1. On April 2014, A shall promptly return KRW 500,000,00 and KRW 500,000,000, which have been performed as stipulated in Article 3 B upon commencement of the construction work (civil engineering work) or upon receipt of an advance payment, as well as upon receipt of the advance payment.

Article 13 (Other)

4. In the execution of this Agreement, even though there was no negligence by Eul in the performance of this Agreement, all the responsibilities for the delay in the progress of the Project shall be borne by Gap.

On December 31, 2013, the Plaintiffs entered into a construction contract (hereinafter “instant contract”) with the F Regional Housing Association Promotion Committee (hereinafter “F Regional Housing Association”), Defendant B (hereinafter “Defendant B”), and Defendant C (hereinafter “Defendant C”) regarding civil engineering works and removal works of Pyeongtaek-si G members, and the major contents of the instant contract are as follows.

B. From December 24, 2013 to January 13, 2014, the Plaintiff paid Defendant B KRW 500,000,000 as a deposit for construction preparation. Pursuant to Article 3(1)-3 of the instant contract, the Plaintiff completed the registration of the establishment of a neighboring mortgage in the name of the Housing Development Co., Ltd., Ltd., taking the maximum amount of debt on the land outside Pyeongtaek-si and four parcels of land as KRW 350,00,000, around January 10, 2014.

C. The non-party partnership, Defendant B, and C’s business depression.

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