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(영문) 수원지방법원여주지원 2016.06.22 2015가단4520

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 24, 2012, the Plaintiff entered into a contract with C to purchase KRW 509 square meters of D Forest land owned by C (hereinafter “instant land”). The Plaintiff paid KRW 30 million on the date of the contract, and paid the intermediate payment of KRW 20 million on September 17, 2012. On November 12, 2012, the Plaintiff agreed to pay KRW 110 million out of the remainder of KRW 220 million as a loan to the instant land as a security, and subsequently, the Plaintiff agreed to succeed to the obligation for the loan.

B. On January 29, 2013, the Plaintiff agreed with the Defendant to delegate the instant sales contract to the Plaintiff for the purpose of preserving the sum of the down payment of KRW 30 million, intermediate payment of KRW 20 million, construction cost, KRW 70 million paid by the Plaintiff, and KRW 101 and KRW 201 of the studio Building (hereinafter “instant agreement”). The Plaintiff agreed to entrust the Plaintiff with the right to receive deposit for the lease of KRW 201 and KRW 201 of the studio Building (hereinafter “instant contract”).

C. The Defendant renounced the said new construction work, and transferred the status under the instant sales contract to E Co., Ltd. (hereinafter “E”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff asserts that the defendant is obligated to pay KRW 80 million to the plaintiff according to the agreement of this case.

In this regard, the plaintiff and the defendant agreed to invalidate and restore the agreement of this case, and the defendant did not have the obligation to pay 80 million won to the plaintiff.

3. We examine whether the Plaintiff and the Defendant agreed to invalidate the instant agreement.

the purport of the entire pleadings as a whole in each entry of the evidence of subparagraphs 2 through 4 (including the number of branch numbers) of this paragraph.