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(영문) 서울서부지방법원 2017.01.10 2016가단211715

약정금

Text

1. Defendant D shall pay to the Plaintiff KRW 15,384,615 and the interest rate of KRW 15% per annum from November 5, 2016 to the date of full payment.

Reasons

1. Claim against Defendant D

(a)as shown in the reasons for the attachment of the claim;

B. Judgment by deeming the confession based on recognition (Article 208(3)2 of the Civil Procedure Act) (Provided, That although the duplicate of the complaint of this case was not served on Defendant C, it is deemed that the duplicate of the complaint was served on November 4, 2016 on the same day since the above Defendant submitted the preparatory document on November 4, 2016).

b. Claim against Defendant B, C, E, F, and G

A. On March 2012, the Plaintiff’s assertion H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)’s regular business of the H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) received oral agreements from the GI (hereinafter “the deceased”) who was the representative director of the Nonindicted Co., Ltd. (hereinafter “the deceased”) to grant KRW 100 million to himself/herself at the time when the housing construction project is completed with merit pay for the said period. On January 2014, the completion of the construction of 186 households of the K building that was promoted by the Nonindicted Co., Ltd. was completed, and on December 31, 2014, 34 households remaining after the excluding construction expenses, etc. were divided into the Nonindicted Co., Ltd. and the deceased, etc. were completed.

Therefore, the Defendants, the inheritor of the deceased, have a duty to pay the Plaintiff the same money as the purport of the claim according to the inheritance shares.

B. We examine whether there was an agreement between the deceased and the Plaintiff as alleged by the Plaintiff, and the entry of No. 2 in the evidence No. 2, which was submitted on December 27, 2016, after the closing of argument in the instant case, and the fact that the Plaintiff and the Defendant D have a substantial relationship with each other, cannot be trusted in light of the purport of the entire pleadings.

Next, among the recording records (No. 1) submitted by the Plaintiff, the part that can be seen as complying with the Plaintiff’s assertion is the degree that the Deceased speaks as follows.

The shares in the “in-house, in-house, in-house, and in-house, and in-house, have an inner value, and has been individually tending as an internal organ.” The shares in the “in-house, in-house, in-house, and in-house, and 10 pro ratas, but they have only ten pro ratas, following: