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(영문) 서울동부지방법원 2017.02.07 2015가합111684

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 24, 2008, the Plaintiff entered into a sales contract with the Defendant and Seongdong-gu Seoul Metropolitan Government with respect to the purchase price of KRW 10 billion (i.e., KRW 903 square meters for a factory site and its ground, KRW 66 square meters for a D factory site, KRW 20 square meters for a E factory site, and KRW 6 square meters for a F factory site (hereinafter collectively referred to as “each of the instant real estate”).

Meanwhile, the Plaintiff and the Defendant concluded the instant sales contract and concluded a special agreement with the following terms:

Article 1 (Sales Price) The sales price under this Agreement is KRW 10 billion, but the actual sales price is KRW 12 billion at the request of Party A (the plaintiff means the plaintiff; hereinafter the same shall apply).

Article 2 (Payment Method of Price) KRW 10 billion out of the purchase price of KRW 12 billion shall be governed by the payment method of this contract, and KRW 2 billion shall be paid within three days from the date on which Eul (referring to the defendant; hereinafter the same shall apply) received the lease contract from the plaintiff, in accordance with the payment method of this contract.

Article 3 (Payment for Disposition Profits) B shall be paid up to 2 billion won to A within the scope of profits (necessary expenses, taxes and public charges) incurred by disposing of this real estate.

[Reasons for Recognition] The Plaintiff’s assertion of the parties to the statement No. 1, and the purport of the entire pleadings was prepared for the development project of each real estate of this case in around 2008, but the Plaintiff borrowed money from the Defendant G through G, which was the Defendant’s representative director due to the financial difficulties.

However, G, which became aware of the content of the above development project, pressured the Plaintiff to offer a payment proposal for bills issued by the Plaintiff without selling each of the instant real estate, and sold each of the instant real estate to the Defendant with the price equivalent to KRW 14 billion, which became impossible to avoid default.

Each of the instant real estate at the time of the instant sales contract.