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(영문) 서울남부지방법원 2019.02.21 2018가단240718 (1)

약정금

Text

1. As to KRW 33,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 33,00,000 from August 25, 2018 to September 18, 2018.

Reasons

1. Around February 2018, the Plaintiff transferred KRW 5,8950,00 to the said housing association under the name of the members’ contributions, agency expenses, etc. from February 20, 2018 to May 11, 2018 when the Plaintiff applied for membership to the Regional Housing Association Promotion Committee (the Defendant of this case).

② On May 8, 2018, the Defendant drafted a letter of commitment that “If a housing association project is not promoted by May 2019, the entire amount of contributions and business promotion expenses will be refunded.”

③ Around May 31, 2018, the Plaintiff agreed to withdraw from the Defendant, and the Defendant drafted a letter of commitment stating that “The amount of KRW 25.95 million is scheduled to be refunded on June 7, 2018, and the agent cost of KRW 33 million is promised to be refunded by June 30, 2018.”

④ The Plaintiff was refunded KRW 25,950,000 from the Defendant on the date of the non-permanent refund.

⑤ On August 1, 2018, the Defendant shall refund KRW 10 million to the Plaintiff by August 24, 2018 and KRW 23 million by October 24, 2018.

“,” has drawn up a letter of commitment.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, 33 million won, and delay damages from the day following the due date of each agreement, in accordance with the letter of undertaking on August 1, 2018 (Evidence 4-2).

(1) The Defendant is obligated to pay 3 million won to the Plaintiff the amount of KRW 10 million from August 25, 2018, whichever is the day following the due date, to which the Defendant served on the Defendant a written application for modification of the purport of the instant claim and the cause of the claim from August 25, 2018; 5% per annum prescribed by the Civil Act until September 18, 2018; 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment; and 23 million won from the next day to the day of full payment.