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(영문) 대구지방법원 서부지원 2018.04.10 2017가단62287

약정금

Text

1. As to KRW 105,50,000 and KRW 36,000 among them, the Defendant shall pay to the Plaintiff KRW 105,50,000,000 from December 1, 2017.

Reasons

The following facts are not disputed between the parties, or may be acknowledged in full view of each entry in Gap evidence 1 and 2, and the purport of all pleadings:

① The Plaintiff purchased KRW 105,50,000 in total, out of C Forest land, as well as KRW 300/3500 in December 25, 2013, and KRW 122/3500 in January 27, 2014.

② The Defendant agreed to return the purchase-price to the Plaintiff on the ground that the Plaintiff was unable to operate an Arabic farm because it was unable to perform civil engineering works, such as roads and drainage pipes of the said forest and fields, and agreed to recover the said forest and field from the Plaintiff on November 30, 2017 (it appears that the evidence Nos. 1-2 appears to be a clerical error on November 31, 2017), up to 36,000,000, and up to January 29, 2018, up to 35,000,000, and the sum of KRW 34,50,000 until March 28, 2018, and at the time of completion of the payment (it is interpreted as cancellation of ownership).

According to the above facts, the defendant is obligated to pay to the plaintiff 105,50,000 won and 36,000,000 won from December 1, 2017 to 35,000,000 won as to the existence or scope of each defendant's obligation from March 29, 2018 to April 10, 2018, with 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(1) The Plaintiff’s claim for damages for delay in excess of the above is without merit, on November 30, 2017, since there is no evidence to deem that the benefit of the whole amount is lost due to the arrival of November 30, 2017. Thus, the Plaintiff’s claim for damages for delay is justified within the scope of the above recognition, and the remainder is dismissed as it is so decided