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(영문) 서울중앙지방법원 2015.10.28 2015가단5082989

약정금

Text

1. The defendant

A. The Plaintiff A’s KRW 120,000,000 per annum from September 1, 2014 to July 10, 2015; and

Reasons

1. Plaintiff A and B’s claim

A. The facts of recognition (1) concluded a contract to purchase KRW 220,000,00 among the F in the Female-gun of Gyeonggi-do on May 28, 2013, when the Plaintiff Company E (hereinafter “E”) whose representative is the Defendant, and paid the above amount in full, E did not accept the registration of transfer of ownership, and as such, on April 20, 2014, the Defendant agreed to refund KRW 120,000,000 to the Plaintiff by August 31, 2014, plus interest at a bank interest rate.

(2) On August 30, 2013, Plaintiff B entered into a contract to purchase KRW 100,000 among E and F, and paid the price in full, but E did not complete the registration of ownership transfer. As such, the Defendant agreed to refund KRW 30,000,000 by July 31, 2014.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff A 120,00,000 won and its equivalent amount from September 1, 2014, the day following the agreed date, and to the plaintiff B 30,000,000 won from August 1, 2014, and from August 10, 2015 to July 10, 2015, it is evident that the delivery date of the duplicate of the complaint in this case to each defendant, according to the amendment of the provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the following day to September 30, 205, and to pay damages for delay at the rate of 15% per annum from the next day to the day of full payment.

Therefore, the above plaintiffs' assertion is justified within the above scope of recognition.

2. Plaintiff C’s claim

A. On September 26, 2013, the Plaintiff C purchased KRW 12,00,000,000 from female-gun G forest G in Gyeonggi-do and completed the registration of ownership transfer by paying the purchase price in full.

However, the plaintiff C purchased specific parts from the defendant, and based on the premise that the development authorization and the infrastructure construction work should be done in that part.

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