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(영문) 인천지방법원 부천지원 2018.10.12 2018가단3528
약정금
Text

1. The Defendants jointly committed against the Plaintiff for KRW 200,000,000 and KRW 100,000,000 among them, as from September 1, 2015, and 10.

Reasons

1. Facts of recognition;

A. On April 2, 2013, the Plaintiff completed the provisional registration of the right to claim partial transfer of ownership (hereinafter “the provisional registration of this case”) by the Daejeon District Court No. 8463, Apr. 2, 2013, with respect to 199/100 of equity interest in D 1101 square meters in Si-si, Si-si.

B. The Plaintiff agreed to transfer the provisional registration of this case to E in the course of borrowing money from Nonparty B, and accordingly, the registration of transfer of the Plaintiff’s entire share was completed on March 26, 2015 by the Daejeon District Court’s official order branch office, which received on March 26, 2015.

C. The Defendants jointly paid KRW 200,000,000 to the Plaintiff on the grounds of the transfer of the provisional registration of this case on the same day, and paid KRW 100,000,000 among them until August 31, 2015, and the remainder of KRW 100,000,000 until August 31, 2016, respectively, and set up an agreement with the Plaintiff on the content that sets the rate of delay damages at 20% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 1, 2015 to September 1, 2016 to the date of full payment, with respect to KRW 100,000,000 among them, and KRW 100,000,000 per annum from September 1, 2016 to the date of full payment.

3. The plaintiff's claim against the defendants is with merit. It is so decided as per Disposition.

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