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Reasons
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(영문) 의정부지방법원고양지원 2016.02.25 2015가단76076
약정금
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1. The Defendant’s KRW 33,600,000 and the Plaintiff’s annual rate of KRW 5% from May 12, 2005 to February 25, 2016.

Reasons

1. Basic facts

A. On July 22, 2003, the Plaintiff entered into a contract with the Defendant (C Co., Ltd. before its mutual change on March 15, 2004) to sell three (16,00,000,000 won each subscription price for each of the commercial buildings (I.T. 1st floor, 72, 73, and 74) to be newly constructed as a result of the instant project in relation to the “D shopping mall and main apartment complex construction and sales business (hereinafter “instant business”). The Plaintiff paid a total of KRW 48,00,000 with subscription price for each of the above projects (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff and the Defendant agreed that the Defendant shall pay the principal of the subscription amount and the interest equivalent to the loan interest rate of a commercial bank in cases where it is difficult to achieve the objective of the subscription due to a large change in the business plan in the process of the business progress, and that the contract shall be deemed to have been cancelled.

C. On May 12, 2005, the Defendant: (a) waived the instant business and caused the obligation to return the said subscription money to the Plaintiff pursuant to the said agreement; (b) issued three copies of the Defendant’s cashier’s checks issued at the face value of KRW 100 million to E, who is an employee of the Defendant; and (c) returned the subscription money to the Plaintiff and other subscribers.

E Around May 12, 2005, the Plaintiff accepted the Plaintiff’s transfer of 1,00,000 won as follows, on the ground that “The Plaintiff determined the aggregate of the subscription amount of KRW 48,000,000 and interest thereon to be returned to the Plaintiff, and if the Defendant representative director F for five months, he/she would have lent it to the Defendant representative director F, he/she would have the monthly interest of KRW 1,00,000,000.”

L. L. L. L. L. L. L. L. L. L. W. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. for the borrowing period and the repayment interest:

Above 100 up to Above

1. The borrowing period: May 10, 2005 to October 10, 2005;

2. Repayment method: Redemption; and

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