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(영문) 인천지방법원 2013.11.08 2013가합689

약정금

Text

1. The Defendant shall pay the Plaintiffs KRW 239,00,000 and the interest rate of KRW 20% per annum from July 4, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiffs, around October 2003, paid KRW 308,000,00 as sales price to D from around 2004 to April 2004, 200 to purchase 440,000, out of the riverwon E and F land (hereinafter “instant land”) on the pen (hereinafter “instant pen”) in which D will be newly built. The Plaintiffs paid KRW 308,000,000 to D as sales price.

B. Around August 2004, the Defendant received a contract from D for the structural construction of the instant pention (hereinafter “instant construction”) from D, and completed the said structural construction around October 2004.

C. After that, the construction of the instant case was suspended due to the shortage of funds, the Plaintiffs and the Defendants filed a complaint against G and H, which is the operator of D, for fraud. Accordingly, the Plaintiffs, the Defendant, I, and G, H, and J, which are the creditors, agreed on May 11, 2006, concerning their claims and obligations. The main contents are as follows.

2. The debtors pay the obligees the C Work Price and the costs of lawsuit 305,00,000, A sale price and the costs of lawsuit 318,00,000,000, I Bond and the costs of lawsuit 287,000,000, not later than September 30, 2006. The debtors pay to the obligees by September 30, 2006. The debtors pay to the obligees all the amount of the three obligees after notice to the obligees, and then make a registration of ownership transfer for the seven parcels to a person designated by H of the former land owner after notice to the obligees

(Application of 12% per month to legal interest)

8. (Omission) The debtors shall not commit any act against the two buildings newly constructed by the creditors Gap (the defendant referred to as the defendant; hereinafter the same shall apply).

Even if the obligee A performs the construction work on the building, the obligor cannot raise an objection.

In addition, after the creditor Gap completed the two buildings E, the debtors will succeed to the creditor Gap after the additional payment of the construction cost is made.

The debtors shall not use any building lot numbered by the creditors before the payment of claim amount is made by three creditors, and shall not claim any right against the building.