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(영문) 의정부지방법원 2016.08.17 2016가단1915
약정금
Text

1. The defendant,

A. From January 1, 2016 to August 17, 2016, Plaintiff (Appointed Party) KRW 42,061,429 and its related amount.

Reasons

1. The facts of recognition (1) in the course of carrying out the business by developing part of G forest land of 16761 square meters in Macheon-si as a housing site and selling it in lots, F lent KRW 140 million to the Defendant from 1991 to 1992.

(2) On March 10, 1994, the Defendant drafted to F a letter of payment stating that the sum of principal and interest shall be KRW 200 million by December 31, 1994.

(3) On July 20, 1994, F died after having left her wife A (the Plaintiff (Appointed Party) (the Plaintiff (Appointed Party), and on July 21, 201, the name before the name was H), children C, D, and E (Appointed Party) as bereaved family members.

(4) On March 13, 1996, the Defendant: “F made a collateral security, provisional injunction, or provisional attachment against the land owned by the Defendant with the preserved claim of KRW 100 million on the land owned by the Defendant; however, the Defendant’s payment of KRW 140 million within eight months is complete; “10 million on each letter of KRW 200 million on the land owned by the Defendant” appears to be erroneous in writing at the time when it exceeds eight months.

Hereby agree on terms of full payment.

“Preparation of a note of payment stating the content was made.”

After that, on February 24, 2004, the defendant prepared a letter of performance that he would pay A KRW 180,000 to A by April 30, 2004.

(5) However, the Defendant failed to comply with the above agreement, and the Defendant was distributed KRW 24,605,251 on September 15, 2015, which was the date of distribution of the Gi Government District Court I auction case with respect to the land in which the Defendant had a co-ownership.

Each entry in Gap 1-13, Eul 1, and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant, from January 1, 2016 to March 10, 1994, dispute over the existence and scope of the defendant's obligation to perform as requested by the plaintiff (Appointed Party) 66,66,680 won (=200 million won x 3/9) less dividends of 24,605,251 won (=66,666,680 - 24,605,251 won) and the remaining 42,061,429 won (=66,680 won - 24,605,251 won) and the following day after the delivery of the original copy of the payment order as requested by the plaintiff.

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