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(영문) 부산지방법원 2019.06.21 2018가단303390

약정금

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1. Defendant B’s KRW 100,000,000 as well as 5% per annum from September 1, 2012 to February 7, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On July 11, 2012, Defendant B drafted and ordered on July 11, 2012 a payment note stating that “The payment of KRW 100 million is to be made not later than August 30, 2012 due to the failure to pay due to G construction (wastewater) on March 19, 199” (hereinafter “instant payment note”).

B. Defendant B’s transfer of the entire co-owner’s share on September 1, 2017 due to sale and purchase on November 30, 1999 with respect to the real estate listed in paragraph (1) of the Attached List No. 1, and “each real estate of this case” in addition to each real estate listed in the Attached List No. 2 and paragraph (3) of the Attached List No. 2.

(C) On November 130, 2019, the registration of the entire co-owner’s share transfer was completed on October 16, 2017 with respect to each of the real estates listed in paragraph (1) of the attached Table. Defendant C completed the registration of the establishment of a neighboring mortgage to Defendant B, Defendant B, and Defendant C on September 22, 2017, with respect to each of the instant real estates on December 13, 2017, with respect to each of the instant real estates, with the maximum debt amount of KRW 75 million on December 13, 2017, and Defendant F completed the registration of the establishment of a neighboring mortgage to Defendant F on December 13, 2017. [Grounds for recognition] There is no dispute over each of the instant real estates (including each number, hereinafter the same shall apply).

As a result of the fact inquiry to the head of Busan District Office, the purport of the entire pleadings.

2. Determination as to the claim against the defendant B

A. According to the judgment on the cause of the claim, according to each of the above facts admitted, Defendant B is obligated to pay KRW 100 million and delay damages to the Plaintiff in accordance with the instant payment note.

B. Defendant B’s assertion argues that the instant letter of payment was drafted by force and insult, and that it was null and void since the Plaintiff and the Plaintiff Company H were extinguished. However, the evidence alone submitted by the Plaintiff is insufficient to recognize that the instant letter of payment was drafted by force and insult, and there is no other evidence to acknowledge it otherwise. The Plaintiff’s assertion against the Defendant.