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(영문) 수원지방법원 2015.09.17 2014나47389

확약금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 25, 2012, the Defendant’s father C (the deceased’s death at the beginning of March 2015, hereinafter “the deceased”) and F, a person living together with the deceased, borrowed KRW 130,000 from the Plaintiff, but failed to repay KRW 65,00,000 among them (hereinafter “instant loan”). The Deceased decided to pay the Plaintiff the remainder of the purchase price of the multi-family house under the name of the Defendant, Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant house”), which was owned by the Defendant, to pay KRW 65,00,000, out of the remainder of the purchase price of the multi-family house under the name of the Defendant (hereinafter “instant house”).

B. The Defendant left his resident registration certificate, seal imprint, etc. to the Deceased so that the Deceased may dispose of the instant house. However, around May 2012, the Deceased prepared and sent to the Plaintiff as the Defendant’s representative a power of attorney and a letter of commitment (hereinafter “instant letter of delegation”) with the following contents.

Details of the power of attorney of this case

1. Indication of Sales Contract: Attached Real Estate in this case.

Reference to a sales contract (Attachment omitted)

2. A delegating person: The delegating person on June 30, 2012, among the terms and conditions of the real estate sales contract attached to the statement of the above paragraph (1) attached to the Plaintiff’s terms and conditions, the said delegating person delegates to the said mandatary all the legal power to delegate to the said mandatary the legal authority to exercise his right, such as the total right to receive part of the purchase price to be received from the buyer on June 30, 2012, the balance of the purchase price to be received from the buyer, including the amount of KRW 255,00,000 (gold KRW 65,00,000), and the delegating person does not raise any objection against the receipt by the mandatary of the balance of the purchase price.

Defendant (Agent C) who is a delegating agent: Defendant himself has the power of attorney to receive partial amount of KRW 65,00,000, out of the purchase price under the real estate sales contract attached to the Plaintiff, attached to the Plaintiff.