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(영문) 대전지방법원 2021.02.10 2020가합128

약정금

Text

The Defendant’s KRW 162,240,00 to Plaintiff A, KRW 157,248,00 to Plaintiff B, and each of the said money from February 14, 2020.

Reasons

1. Determination as to the cause of claim

A. On April 12, 2018, Plaintiff A added the purport of the entire pleadings in the Evidence Nos. 1 through 4, 6, and 7 (including numbers), and Plaintiff A paid KRW 162,240,00 of the down payment, which was sold in lots at KRW 568,921,60, and the down payment was paid to the Defendant at KRW 551,416,320, and the down payment was received at KRW 157,248,408,00 and paid KRW 162,40,00 for the first floor of the H building E from April 25, 2018 and paid KRW 157,248,000 to the Defendant for sales contract at KRW 551,416,320, and KRW 158,000 which was actually operated by the Defendant through the sales agent D Co., Ltd., Ltd. (hereinafter “E”), and the Plaintiffs did not recover the down payment to the Defendant 13.

I will be responsible for the repayment when receiving the payment.

“It is recognized that “a letter of commitment has been received.”

B. According to the above facts, the termination amount of the sales contract for the above promise refers to the down payment for each of the above sales contract, and the defendant agreed to collect the down payment for each of the above sales contract from E through the above promise letter to pay the plaintiffs the down payment for each of the above sales contract.

Therefore, the defendant is obligated to pay delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 14, 2020 to the day of full payment, as agreed money, to the plaintiff A, 157,248,000 won and each of the above amounts to the plaintiff B, as requested by the plaintiffs, as agreed money.

2. Judgment on the defendant's assertion

A. The defendant is obligated to pay each of the above money to the plaintiffs since the defendant prepared the above commitment by force or deception, and cancelled it by means of a preparatory document.