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(영문) 인천지방법원 2017.10.24 2017가합57157

약정금

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1. The Defendant’s KRW 210,000,000 as well as 5% per annum from March 26, 2016 to August 30, 2017 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a sales contract with the Defendant to purchase KRW 370,000,00 with the occupation right of KRW 96 (hereinafter “instant shopping mall”) from the Defendant, and paid KRW 300,000 to the Defendant in total.

B. However, the Defendant did not have the right to occupy and use the instant commercial building, and the Plaintiff paid KRW 370,000,000 to Daea enterprise, a real occupant of the instant commercial building, and acquired the right to occupy and use the instant commercial building.

C. The Plaintiff demanded the return of KRW 300,000,000 paid to the Defendant, and the Defendant, around July 2, 2013, drafted a letter of commitment to the Plaintiff to fully repay KRW 300,000,000 to the Plaintiff by October 31, 2013, but only KRW 90,000 shall be paid, and the remainder of KRW 210,00,000 shall not be paid.

Around July 2, 2014, the Defendant prepared and did not implement a written confirmation that the Plaintiff would repay the said KRW 210,000,000 to August 12, 2014. Around January 27, 2016, the Defendant did not make a written statement of performance that he/she would return the said KRW 210,000,000 to the Plaintiff by March 25, 2016.

E. Therefore, the defendant shall pay to the plaintiff 210,000,000 won with 5% interest per annum under the Civil Act from March 26, 2016 to the delivery date of a copy of the complaint of this case, and 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;