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(영문) 대전지방법원 2018.09.12 2015가합103825

위약금

Text

1. The Defendant: (a) KRW 300,000,000, and 5% per annum from May 29, 2015 to September 12, 2018, respectively, to the Plaintiff.

Reasons

Facts of recognition

The following facts are acknowledged according to the respective entries and arguments of Gap's 1 through 6, 11, 14, 15, Eul's 5, 8, 10 (including each number; hereinafter the same shall apply), and the whole purport of arguments.

On September 25, 2012, the husband C of the Defendant, who entered into a contract between the Plaintiff and the Defendant, transferred the ownership of D (hereinafter collectively referred to as “Plaintiff”) and the Plaintiff, representing the Plaintiff on behalf of the Defendant (hereinafter referred to as “the Plaintiff without distinguishing between the Plaintiff and D”) on or around September 25, 2012. The Defendant entered into a sales contract with the Plaintiff on the following terms: (a) the Plaintiff succeeded to the Defendant’s bank loan obligations and lease deposit obligations with respect to the Daejeon World Trade; and (b) the Defendant paid KRW 500,00,00 in cash to the Defendant; and (c) the Seocho-gu Seoul F and G ground H No. 1 (hereinafter referred to as “instant shopping district”) ownership transfer (hereinafter referred to as “instant sales contract”) ownership to the Defendant at the time of succession (hereinafter referred to as “instant sales contract”).

On the same day, the Defendant prepared a receipt that received KRW 500,000,000 from the Plaintiff (hereinafter “instant receipt”) as of September 26, 2012, and received a confirmation from the Plaintiff that the said receipt will not be used for reporting at the tax office.

(The date of the preparation of the receipt of this case seems to be the clerical error of September 25, 2012, in light of the written statement in the above confirmation. - The instant J commercial building owned by the Plaintiff is exchanged with 20 joint members card owned by K (the L issuance of the Company L; hereinafter “instant joint members card”) and exchanged with 20 joint members card and the Daejeon commercial building owned by the Defendant.

- The Plaintiff pays KRW 500 million to the Defendant in order to transfer the ownership of the Daejeon shopping mall.