beta
(영문) 대구지방법원 2016.02.16 2015가단48143

약정금

Text

1. As to KRW 23,00,000 and KRW 11,500,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the remainder of KRW 11,50,000 from September 21, 2015.

Reasons

1. On August 1, 2015, the Defendant promised to pay the Plaintiff KRW 11,50,000,000, out of the remainder of the amount of the land reclamation project for petition KRW 23 million to the Plaintiff until September 20, 2015, and the remainder KRW 11,50,000,000 to the remainder until October 20, 2015, the fact that the Defendant promised to pay the Plaintiff the remainder of KRW 11,50,000,00 to the remainder of the remainder of the amount of the land reclamation project for petition KRW 23,00,000

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 23,00,000 won and 11,50,000,000 won out of them from September 21, 2015 to the remaining 11,50,000 won from October 21, 2015 to November 11, 2015, which is obviously a service date of the original copy of each of the payment order in this case from October 21, 2015 to the date of delivery of each of the original copy of the payment order in this case, and to pay damages for delay calculated at the rate of 5% per annum from the next day to the day of full payment under the Civil Act.

2. The defendant's assertion that the defendant's defense was prepared by himself the letter of commitment (Evidence A No. 4) of this case, but this is alleged to the effect that the plaintiff was set up on the land owned by the defendant and the remainder that the plaintiff was set up on the land owned by the defendant.

However, as alleged by the Defendant, the Defendant did not submit any supporting material as to “the fact that the Defendant had reached the declaration of intention of this case based on the mistake in the material part,” and did not appear on the date of pleading.

There is no evidence to admit the defendant's assertion.

3. In conclusion, the plaintiff's claim of this case is accepted on the ground of the whole reasoning, and it is so decided as per Disposition.