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(영문) 대전지방법원홍성지원 2019.01.30 2018가단794

약정금

Text

1. The Defendant’s KRW 53,200,00 and the Plaintiff’s annual rate of KRW 5% from October 1, 2017 to January 18, 2018.

Reasons

1. Judgment as to the primary cause of claim

A. (1) Under the agreement between the Plaintiff and the Defendant on June 27, 2017, the Defendant is obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

(2) The defendant's assertion that the above agreement was invalid because only one of the co-representative directors of the defendant affixed the seal to C and D did not participate in the agreement.

B. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 3, and Eul evidence Nos. 3 through 6, and witness E’s testimony, the plaintiff sold 430 square meters and all of the above ground buildings (hereinafter “instant real estate”) to the defendant who promoted a new apartment house construction project at the Friwon-si, Chungcheongnam-si, Chungcheongnam-do, the plaintiff, who was owned by the plaintiff, KRW 11,706,00 won (hereinafter “the instant real estate”) and KRW 11,706,000 after the completion of the entire contract for the project site, within 7 days after the trust approval and the trust approval, and the remaining amount shall be paid to the plaintiff within 405 days after the completion of the entire contract for the project site (hereinafter “the instant sales contract”), and the defendant agreed to pay the remaining amount to the plaintiff within 11,706,000 won as the down payment on September 14, 2014, which was agreed between the defendant and the plaintiff 27016.7.7.16

In addition, the following facts and circumstances, which are acknowledged in the statement No. 7 of the evidence No. 7 by integrating the purport of the entire pleadings, namely, the defendant set up a joint representative provision on May 17, 2017 and appointed C and D as a joint representative director and completed registration on the same day.