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(영문) 수원지방법원성남지원 2016.06.02 2015가합3095

약정금

Text

1. The Defendants, the Defendant (Appointed Party) and the Appointed E shall be jointly and severally liable to the Plaintiff for KRW 350,000,000, and they shall be jointly and severally liable to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 31, 2009, the Plaintiff, F, G, and H (hereinafter “Plaintiff, etc.”) concluded a sales contract to sell each real estate listed in the real estate list (hereinafter “instant real estate”) to Defendant B farming association corporations (hereinafter “Defendant corporation”) for the purchase price of KRW 1150 million as indicated in the attached Table (hereinafter “instant sales contract”), and agreed to pay the total amount of KRW 800 million on the date of the contract, and the remainder of KRW 350 million by June 30, 2010.

B. At the time of the conclusion of the instant sales contract, the Plaintiff, the Defendants, the Defendant (Appointed Party), and the Selected Party E agreed to pay the remainder to the Plaintiff by June 30, 2010, an annual interest rate of 24% if the Defendant corporation did not pay the remainder to the Plaintiff by June 30, 2010. Defendant C, the Defendant (Appointed Party) and the Appointed E jointly and severally guaranteed the Defendant corporation’s obligations.

C. On February 2, 2010, the registration of ownership transfer was completed in the name of the defendant corporation on the ground of the instant sales contract.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 5 (including all branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants, the Defendant (Appointed Party) and the appointed parties E are jointly and severally liable to pay to the Plaintiff the remainder of the purchase price of KRW 350,000,000, and damages for delay at the rate of 24% per annum from July 1, 2010 to the date of full payment, which is the day following the due date.

3. Determination as to the Defendants and the Defendant (Appointed Party)’s assertion

A. Defendant (Appointed Party) asserts that he/she has no interest in the instant sales contract and that he/she was forced to enter into the said sales contract at the Plaintiff’s request, but there is no evidence to acknowledge it, and the above assertion is without merit.

B. Next, the defendants are the defendants.