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(영문) 서울중앙지방법원 2018.10.19 2017가합555575

약정금

Text

1. The plaintiff's main claim is dismissed.

2. Defendants B, C, D, and E shall jointly and severally serve as the Plaintiff KRW 159,246,575.

Reasons

1. Basic facts

A. On February 17, 2017, the Plaintiff drafted a commercial supply contract with the Defendant-limited company B (hereinafter “Defendant B”) to purchase Pyeongtaek-si G stores H (hereinafter “instant commercial building”) for KRW 501,120,000 (hereinafter “instant contract”), and the main contents thereof are as follows.

The sale real estate: Sales real estate H/exclusive use area of 42.0650 square meters / Contract area of 5.2199 square meters / Contract area of 20.6928 square meters: 301,120,000 won: 30%, 150,000 won per square meter, and 35 million won per square meter, but the excess of the sales price of the real estate at the time of the sale of the said real estate after the public offering is announced and the bid is awarded, and the Plaintiff does not raise any objection thereto.

Provided, That the defendant B is responsible for the amount of the plaintiff's revenue.

Special Agreements: The time of return of this Agreement shall be three months from the date of this Agreement.

Provided, That where mutual agreement is reached, the timing of return may be adjusted.

After the public announcement of the invitation of the executor and bidding, the sale contract for the above object shall be issued in the name of the plaintiff.

Seller: The Plaintiff’s surety: Defendant C and Defendant D

B. On June 23, 2017, Defendant E prepared and delivered a written statement of June 23, 2017, stating that “Defendant E shall be held liable for all civil and criminal liability if it fails to perform this,” and written out and issued to the Plaintiff on June 23, 2017, a written statement to the effect that “The progress of the whole business sector is anticipated to be recognized and the extension of due date is expected to be completed by July 5, 2017, and the progress of the entire business sector is expected to be completed by July 5, 2017.”

C. The Plaintiff’s down payment of KRW 150 million is KRW 30 million on February 16, 2017 at Defendant B’s request, and KRW 20 million on February 17, 2017, KRW 150 million on a total of KRW 80 million, and KRW 150 million on February 17, 2017, and KRW 80 million.