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(영문) 서울중앙지방법원 2015.09.25 2014가합58615

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserted that the Defendant is obligated to pay to the Plaintiff the remainder of KRW 300,000,000, excluding the remainder of KRW 200,000,000 paid out of the agreed amount, as well as the delay damages therefor, since the Defendant agreed that the Plaintiff, on September 8, 2003, sold the amount of KRW 813 square meters in Seocho-si, Seocho-si, Seoul, owned by the Plaintiff, to D and E without permission, and was responsible for completing the transfer registration of ownership on October 20, 203, and paid to the Plaintiff KRW 500,00,000.

However, it is insufficient to recognize that Gap's evidence Nos. 1 through 6, Gap's evidence Nos. 7 and 8's evidence Nos. 1, 2, 9 through 11, Gap's evidence Nos. 12 through 14, Gap's evidence Nos. 15-1 through 5, Gap's evidence Nos. 16, and witness F's testimony are not enough to recognize that the defendant agreed to pay KRW 500,000 to the plaintiff, and there is no other evidence to support this otherwise, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.