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(영문) 서울중앙지방법원 2017.09.05 2016가합32075

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 300,000,000 and the period from November 8, 2013 to March 25, 2017.

Reasons

1. Indication of claim;

A. On July 25, 2013, the Plaintiff exchanged each real estate listed in the separate sheet No. 1 owned by the Plaintiff and each real estate listed in the separate sheet No. 2, owned by the Defendant Company, with Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”), but the Defendant Company entered into an exchange contract with the Plaintiff to pay the difference of KRW 100 million (hereinafter “instant exchange contract”).

B. As to the instant exchange contract on August 1, 2013, the Plaintiff and the Defendant Company agreed to suspend the transfer of the Defendant Company’s company and the change of the representative director until the Plaintiff’s request, and, if the Defendant Company pays KRW 300 million to the Plaintiff within 3 months from August 1, 2013, the transfer of the Defendant Company and the change of the representative director, cancel the transfer of the Defendant Company and the change of the representative director, and cancel the auction of the real estate listed in the Attachment 2 List, currently in progress, at the Plaintiff’s payment on behalf of the Plaintiff and cancel the auction, and transfer of the ownership of the F building in the Chungcheong-gun, Chungcheongnam-gun, the Plaintiff and the Defendant Company

C. In relation to the instant exchange contract on August 7, 2013, the Plaintiff and the Defendant Company: (a) revoked the part that the Plaintiff acquired by transfer the Defendant Company and intended to replace the representative director; (b) Defendant Company paid KRW 300 million to the Plaintiff within three months from August 7, 2013; (c) revoked the real estate sales contract for F-building E located in the Chungcheong-gun, Chungcheong-gun, D; and (d) KRW 25 million to cancel the auction for real estate in the current auction process; and (e) the Defendant Company borrowed from the Plaintiff to cancel the auction; and (b) the Defendant Company agreed to pay KRW 25 million to the Plaintiff within two months.

(hereinafter “instant No. 2 Agreement”) D.

Defendant C jointly and severally guaranteed the Defendant Company’s obligations regarding the instant agreement.

E. Accordingly, the Plaintiff, as to the Defendants, runs from November 8, 2013, the following day after the payment deadline for the agreement amounting to 300 million won under the second agreement.