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(영문) 의정부지방법원고양지원 2017.06.16 2016가합1946
약정금 등
Text

1. The defendant shall pay to each of the plaintiffs KRW 200,000,000 as well as 15% per annum from December 24, 2016 to the date of full payment.

Reasons

1. On October 22, 2015, the Plaintiffs entered into a sales contract to purchase the said land in KRW 1.75 billion on the condition that the Defendant and the Singu Central Saemaul Savings Depository shall obtain a warehouse permit of 14m high in height of the said land between the Defendant who represented the Singu Central Saemaul Savings Depository on behalf of the Singu Central Saemaul Savings Depository, and paid KRW 200 million down payment to the account under the name of the Singu Central Saemaul Savings Depository or the name of the person designated by the Defendant on October 23, 2015.

However, as the defendant and the Silung Central Saemaul Bank failed to obtain the above warehouse permission, the plaintiffs and the defendant cancelled the above sales contract and agreed to pay 200 million won to the plaintiffs each as contract deposit return and penalty.

Accordingly, on October 27, 2016, the Defendant: (a) acknowledged that the Defendant has a debt of KRW 200 million to Plaintiff A; (b) drafted a notarized deed stating that the said money shall be paid in installments by November 30, 2016, and KRW 60 million by December 31, 2016; and (c) issued a notarized deed stating that “the Defendant shall have a debt of KRW 200 million to Plaintiff B; and (d) the said money shall be paid in installments by November 30, 2016, by December 31, 2016.”

Therefore, the plaintiffs seek the defendant to claim the agreed amount based on each of the above notarial deeds.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

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