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(영문) 수원지방법원 2015.06.23 2014가합72039

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that engages in the new construction and sale of apartments, and the plaintiff is a company whose trade name and representative director are changed in B (hereinafter "B").

B. On November 17, 2006, the representative C concluded a service contract with the Defendant for the purchase of the apartment site of the Dilsung City D, and set the service cost as KRW 550 million (including value-added tax).

C. On June 15, 2007, the Defendant: (a) on June 15, 2007, issued to C a written confirmation stating “30 million won to be deposited until June 18, 2007 (hereinafter “the agreed amount of KRW 300 million”); and (b) on June 15, 2007, the Defendant confirmed that the Defendant would pay KRW 250 million according to the terms and conditions of the remainder payment under the real estate service agreement, in line with the terms and conditions of the payment under the real estate service agreement; and (c) issued a written confirmation stating “I will issue a promissory note in order to ensure the above implementation (hereinafter “the agreed amount of KRW 250 million”); and (d) issued one promissory note as of December 31, 2007.

On June 18, 2007, the defendant paid KRW 200 million out of the amount of the first agreement to C.

E. B filed a lawsuit against the Defendant on December 27, 2007 against the Defendant claiming the remaining amount of KRW 100,000 and KRW 200,000,000,000 from the First Agreement, and the judgment dismissing the claim for the remaining amount of KRW 100,000,000,000,000, and the second Agreement was sentenced on October 21, 2008 on the ground that the due date has not yet arrived, and the above judgment was dismissed from the appellate court (Seoul High Court 2008Na103702) and became final and conclusive on June 20, 2009.

F. The Defendant paid KRW 100 million to B in accordance with the above final and conclusive judgment, and the representative C received KRW 30 million on June 30, 201 and paid KRW 20 million on the delay damages and the second agreed amount, etc., as follows, (hereinafter “instant agreement”).