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(영문) 부산지방법원동부지원 2017.11.09 2016가단20161

약정금

Text

1. The Defendant’s KRW 39,367,99 and KRW 24,200,00 among the Plaintiff’s KRW 20% per annum from March 15, 2012 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased land and buildings from E, the Defendant’s birth, around 2003.

B. At the time, the lessee F paid the lease deposit amount of KRW 22 million to the lessee, but the Defendant agreed to return the lease deposit to the lessee and deliver the said real estate to the Plaintiff by March 2003.

C. The Plaintiff, who did not implement the agreement, returned the lease deposit amount of KRW 22 million to the lessee F, and the Defendant agreed to pay the Plaintiff the lease deposit that the Plaintiff subrogated and the interest on the deposit amount of KRW 24.2 million to the Plaintiff.

On October 21, 2003, the Plaintiff filed a payment order with the Changwon District Court 2003 tea12865 against the Defendant on November 20, 2003, and on November 20, 2003, “the Defendant paid the Plaintiff KRW 24.2 million and the amount at the rate of 20% per annum from November 6, 2003 to the date of full payment.”

E. The Defendant repaid the Plaintiff KRW 5 million around 2006, and KRW 10 million on March 14, 2012.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. The Defendant’s repayment of KRW 5 million on or around February 6, 2006 to the date of November 5, 2005, based on the interest rate of KRW 9.68 million calculated annually from November 6, 2003 to the date of November 5, 2005 (i.e., KRW 2.4.2 million x 20% x two years). The repayment of KRW 10 million to February 14, 2012 shall be appropriated to the amount of KRW 4.68 million, interest remaining after the said appropriation, and KRW 30,745,901 (=24,200 x 200 x 200 x 200 x 206 x 36.45 million) calculated annually from November 6, 2005 to February 14, 2012.

Thus, the defendant is obligated to pay 39,367,99 won and 24,200,000 won from March 15, 2012 to September 30, 2015, and 15% per annum from the next day to the day of full payment as requested by the plaintiff within the scope of the remaining principal and interest.

3. The defendant's assertion.