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(영문) 서울중앙지방법원 2016.07.21 2015가합25865
약정금
Text

1. As to the Plaintiff KRW 300,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 100,000 from March 22, 2015, and KRW 100,00,00.

Reasons

1. Facts of recognition;

A. On February 12, 2015, the Plaintiff concluded a lease transfer agreement (hereinafter “instant lease transfer agreement”) with C (hereinafter “C”) that the Defendant was working as the representative director, and the Plaintiff’s lease on the 1,2,421.87 square meters of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “C”), whereby C (i) KRW 100 million out of the lease transfer price of KRW 300 million to the Plaintiff on March 21, 2015, and (ii) KRW 100 million to the Plaintiff on May 21, 2015, and (iii) to pay the remainder of KRW 100 million to the Plaintiff on July 21, 2015.

B. On March 3, 2015, the Defendant succeeded to the status of the assignee under the instant lease transfer contract, and prepared a letter of commitment that the Plaintiff and the principal bear the rights and obligations under the instant lease transfer contract, and retired from the office of the representative director C on March 24, 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 5, and the purport of the whole pleadings

2. According to the facts of recognition as above, the defendant succeeded to the status of the party to the instant lease transfer contract through the letter of promise dated March 3, 2015. Thus, as prescribed in the instant lease transfer contract, as to KRW 300 million and KRW 100 million from March 22, 2015, the day following the first payment date for KRW 300 million; KRW 100 million from May 22, 2015, the day following the second payment date for KRW 200 million; and from July 22, 2015, the day following the third payment date for KRW 100 million from July 22, 2015, each of which was served on the defendant, and from June 29, 2016 to June 29, 2016, the defendant is obligated to pay damages for delay at the annual interest rate of 15% as stipulated in the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

The Plaintiff claimed damages for delay from March 3, 2015, which was signed by the Defendant’s letter of undertaking. However, as long as the time limit for payment of the acquisition price is stipulated in the instant lease transfer agreement, the Plaintiff is prior to the arrival of the time limit for payment.

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