(영문) 전주지방법원 2015.06.24 2014가합5523

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(영문) 전주지방법원 2015.06.24 2014가합5523

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. The public auction procedure was conducted with respect to the building Nos. 601 (hereinafter “instant building”) of the 6th, Busan-gu, Seoul-si, Seoul-si, Seoul-si, a limited liability company C (hereinafter “C”). The defendant, the representative director of C, purchased the instant building in the public auction procedure and subsequently transferred it under the name of the defendant and paid the expenses and remuneration for it. Accordingly, the plaintiff participated in the public auction procedure and purchased the instant building on June 9, 2008.

B. On March 11, 2009, the Plaintiff drafted a written agreement (Evidence A No. 1; hereinafter “instant agreement”) with the Defendant with the following content.

2. On June 30, 2009, up to 120 million won of the instant building, the title transfer key is the payment key.

3. The sale price of the building of this case at the time of the transfer of name shall be KRW 450 million.

C. On September 25, 2009, the Plaintiff entered into a contract with C to sell the instant building in KRW 450 million.

Accordingly, C paid KRW 70 million to the Plaintiff on October 26, 2009, and paid KRW 380 million to the Plaintiff as collateral, and paid KRW 1,093,150 in total, KRW 381,093, and KRW 150,000, which the Plaintiff received as collateral for the instant building, and completed the registration of ownership transfer for the instant building C on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Gap evidence 8-1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the agreed amount under paragraph (2) of the instant agreement (hereinafter “instant agreed amount”) KRW 120 million, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The Defendant’s defense of repayment is to pay to the Plaintiff KRW 30 million out of the agreed amount of April 8, 2009, and to pay KRW 90 million as of October 26, 2009, and to pay the remainder of KRW 90 million.

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