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(영문) 수원지방법원 2014.10.31 2013가단222588

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 12,00,000 and each year from July 22, 2010 to October 31, 2014.

Reasons

1. Facts of recognition;

A. Defendant B agreed to pay KRW 140,000,000 to the Plaintiff. On January 14, 2010, Defendant B deposited KRW 20,000,000 in the account of D’s father’s father’s father.

On the other hand, on April 5, 2010, Defendant C, as Defendant B’s son, also prepared and issued a letter stating that “The above principal will give KRW 120,000,000 to the Plaintiff within one month during which the house is sold and sold in Seoul.”

B. However, after the time of the preparation of the above letter, Defendant B paid KRW 108,00,000 on behalf of the Plaintiff E, the amount to be deducted from the amount to be paid by the Defendants to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 4, 5 evidence (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are obligated to pay each Plaintiff 12,00,000 won (=120,000,000 won - 108,000,000 won) and damages for delay at each rate of 5% per annum prescribed in the Civil Act from July 22, 2010 to October 31, 2014, which is the sentencing date, and from the next day to the day of full payment, 20% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning and it is so decided as per Disposition.