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(영문) 인천지방법원 2020.10.22 2020가단219194

합의금

Text

The defendant shall pay 104,00,000 won to the plaintiff and 12% per annum from April 3, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. At around 19:50 on May 15, 2019, the Defendant: (a) destroyed a factory attached to, and stored in, a factory owned by the Plaintiff, which was located in the place where the flame was adjacent to the flame, while playing a bomb in front of Seo-gu Incheon, Seo-gu, Incheon.

(hereinafter “the instant fire accident”). 3. Agreed with respect to the instant accident, the Plaintiff and the Defendant agree as follows.

① The Plaintiff receives 200 million won as part of the amount of damages until December 20, 2019, and shall substitute the receipt with this certificate.

(2) In relation to the agreed amount, the defendant shall pay the remaining 30 million won of the compensation for damages in cash by December 31, 2019.

③ In relation to the damages, the Defendant shall transfer the ownership of the D apartment E owned by the Defendant to the Plaintiff.

⑤ The Defendant transferred to the Defendant the claim against the insurance company regarding the loss of the building in relation to the agreed amount that the Defendant paid to the Plaintiff, and shall notify the insurance company of this fact.

The relevant details shall be as follows:

Although insurance companies claim KRW 54 million for expenses for restoration of building damage, the plaintiff will claim insurance for KRW 34 million in consideration of the defendant's circumstances.

B. On July 18, 2019, the Plaintiff drafted a written agreement containing the following contents with the Defendant:

(hereinafter referred to as “instant agreement”). C.

On July 22, 2019, the Plaintiff and the Defendant entered into a sales contract with the purchase price of KRW 230 million with respect to the apartment owned by the Defendant (hereinafter “instant apartment”) stated in the said agreement, and the Plaintiff completed the registration of ownership transfer for the said apartment on August 2, 2019.

On July 25, 2019, the Defendant paid to the Plaintiff KRW 35 million, KRW 30 million on August 3, 2019, KRW 30 million on August 3, 2019, KRW 30 million on August 4, 2019, and KRW 114 million on November 7, 2019.

E. Meanwhile, on November 13, 2019, the Plaintiff issued a fire insurance policy from FF Co., Ltd. to KRW 29,845,715.