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(영문) 청주지방법원 2015.09.23 2015가합80
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 370,000,000 and the interest rate thereon from December 16, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On June 23, 2008, the Plaintiff entered into a contract for the modification of the construction cost of KRW 22,784,937,000 on November 23, 2009, with the construction cost of KRW 22,784,937,00, with the construction cost of the apartment building (hereinafter “the instant apartment building”) from Defendant U-Sho Industrial Development Co., Ltd. (hereinafter “Defendant U-Sho Industrial Development”), and from Yong-gu Mutual Savings Bank (hereinafter “U-S Savings Bank”), the Plaintiff entered into a contract for the modification of the construction cost of KRW 22,784,937,000 (hereinafter “the instant contract”). In addition to the initial contract and the amendment contract, the instant construction was completed in accordance with the instant contract.

B. On January 21, 2011, the Plaintiff settled the unpaid construction price at KRW 4,211,702,871 among the instant construction price with Defendant UwS industry and Nonparty Bank.

C. On January 28, 2011, the Plaintiff filed a lawsuit against the Defendant Ho Ho Industry and the Non-Party Bank seeking payment of KRW 3,096,702,871 of the instant construction cost (this Court 201Gahap655, hereinafter “prior lawsuit”) and subsequently, transferred the ownership of 30 households designated by the Defendant Hoho Industry among the 23-type apartment of this case to the Plaintiff on June 30, 2011, between the Defendant Hoho Industry and the Non-Party Bank, and the Plaintiff and the Defendant Hoho Industry jointly withdrawn the lawsuit after entering into an agreement (hereinafter “instant agreement”) stating that “The ownership of the 23-type apartment of this case was transferred to the Plaintiff.”

C. On April 23, 2014, the Plaintiff paid to the Plaintiff KRW 370 million to November 30, 2014 due to nonperformance of the obligation to transfer ownership with respect to the 23 square-type apartment units of the instant apartment units of the Defendant Ho Ho Construction by November 30, 2014; and if the Plaintiff fails to perform the obligation, it is based on the rate of 24% per annum from December 1, 2014 to the date of full payment.

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