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(영문) 부산지방법원동부지원 2016.10.14 2016가합101128

약정금

Text

1. The Defendant’s KRW 450,000,000 and the Plaintiff’s annual rate from August 1, 2015 to March 14, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff paid to the Defendant KRW 250 million on July 2, 2014, KRW 200 million, KRW 30 million on July 7, 2014, KRW 30 million on August 4, 2014, KRW 50 million on August 4, 2014, and KRW 40 million on September 1, 2014, respectively.

B. On February 21, 2015, the Defendant drafted a payment note stating that KRW 450 million will be paid to the Plaintiff by July 30, 2015 (hereinafter “instant payment note”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 450 million based on the instant written statement of payment and damages for delay at each rate of KRW 50 million per annum as stipulated in the Civil Act from August 1, 2015 to March 14, 2016, on which the duplicate of the instant written complaint was served to the Defendant from August 1, 2015 to March 14, 2016, and KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the

B. Although the Defendant asserts that the instant statement of payment was written by the Plaintiff’s intimidation and coercion, it is insufficient to recognize the above assertion only with the entries in subparagraph 1-2, and the witness C’s testimony, and there is no other evidence to prove otherwise, the Defendant’s allegation in this part is rejected.

The defendant asserts that the money paid by the plaintiff to the defendant is investment funds in relation to the housing site development project for five parcels outside Busan-gun, Busan-gun, and the above housing site development project did not generate any profit, and thus, the contract amount cannot be paid. However, there is no provision that the contract amount shall be paid on the premise that profits accrue in the housing site development project in the payment angle of this case, and there is no provision that the payment of the contract amount shall be made on the premise that profits accrue in the housing site development project for the payment angle of this case, and the testimony of

The defendant has already paid 350 million won out of 380 million won to the plaintiff.