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(영문) 부산지방법원 2020.06.09 2020가단302031
약정금
Text

1. The Defendants jointly share KRW 85,000,000 to the Plaintiffs, and 5% per annum from August 5, 2015 to February 12, 2020.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole arguments, defendant D sold three officetels in Busan-gu, Busan-gu, on Aug. 5, 2015. The defendant D sold them to the plaintiffs on August 5, 2015, as if it were to be against aground, and received KRW 85 million from the plaintiffs. After that, the defendant D, instead of the above officetel, sold it to the plaintiffs. The defendant D agreed to pay KRW 145 million plus the above amount of KRW 60 million to the plaintiffs. The defendant C guaranteed the above obligation of defendant D on July 12, 2017, and the fact that the above obligation was not observed.

According to the above facts of recognition, the defendants are jointly obligated to pay to the plaintiffs 85 million won and to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 5, 2015 to February 12, 2020, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiffs' claims against the defendants are justified, and they are accepted.

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