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(영문) 수원지방법원 2016.08.18 2015가단32819

위약금등

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1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 15% per annum from July 10, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. A. Around May 2014, the Defendant had been engaged in the business of authorization and permission to build a new building in Echeon-si B forest land owned by the Defendant (hereinafter “instant land”). However, even though the construction permission was granted at the time, the Defendant did not receive the permit due to the fact that the cost of authorization and permission, such as charges for conversion of mountainous districts, was not paid at the time.

B. If the Defendant lent KRW 70,000 to the Plaintiff the expenses incurred in obtaining the pertinent permit, he/she agreed to conclude a contract for construction of the building to be newly built on the instant land (hereinafter “instant construction”) after obtaining the said permit, and on May 26, 2014, the Plaintiff lent KRW 70,000 to the Defendant without interest agreement.

C. On June 9, 2014, the Defendant paid various charges of KRW 70 million to the Plaintiff, and received two construction permission certificates from Leecheon-si to construct a building on the instant land.

However, the defendant is above B.

Unlike the promise of this subsection, the construction of this case was contracted to other companies than the plaintiff.

Accordingly, even though the Plaintiff demanded that the Defendant “the Plaintiff send another company for the Plaintiff to proceed with the construction work,” the Defendant did not take any measure, and on July 9, 2014, the Plaintiff issued a provisional attachment on the instant land (the Defendant’s share) with a claim amounting to KRW 70 million.

E. As can be seen, on July 19, 2014, a provisional seizure was made and delivered to the Plaintiff on a written statement (in the form of “a tea”) stating that the Plaintiff would repay a total of KRW 91 million up to August 30, 2014. The above KRW 91 million was calculated including the Plaintiff’s damage incurred by the Defendant’s promise to contract the instant construction to the Plaintiff, in addition to the loan amounting to KRW 70 million.

F. On August 6, 2014, the Defendant: (a) KRW 70,00,000, the Plaintiff’s claim amount for provisional seizure.