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(영문) 서울중앙지방법원 2014.05.16 2013가합57684
약정금
Text

1. The Defendant’s KRW 150,000,000 as well as annual 5% from May 16, 2012 to November 30, 2013 to the Plaintiff.

Reasons

In fact, the Plaintiff received a certificate of payment (Evidence A) from the Defendant and the Defendant’s loan payment (No. 2) in the name of the K-Energy Co., Ltd. (hereinafter “M-Energy”) designated by the Defendant on July 18, 201, stating that “The Plaintiff confirmed that the said loan will be paid at the time of phishing (PF) or any balance of the real estate sales price subject to business,” which was issued by the Defendant on September 19, 201.

On May 3, 2012, the Defendant issued and delivered a letter of payment (Evidence A 1) for the loan that the Plaintiff would repay KRW 150,000,000 to any way until May 15, 2012.

【In light of the above-mentioned facts without any dispute, Gap evidence 1, 2, and Gap evidence 6’s obligation to determine the purport of the whole pleadings, the defendant shall pay 150,000,000 won to the plaintiff in accordance with the agreement of the above payment angle.

The defendant asserts that the defendant did not have the defendant's obligation to pay the loan in accordance with the loan payment certificate, since the conditions such as project financing or the payment of the balance of the real estate purchase price subject to the business have not been fulfilled.

However, the plaintiff is held liable under the agreement for the withdrawal of payment made later than May 15, 2012, rather than the agreement for the letter of payment with respect to the time of repayment, etc., since the plaintiff is held liable under the agreement for the withdrawal of payment made later. Therefore, the above argument by the defendant is without merit.

The defendant asserts on May 3, 2012 that since the written rejection of payment was made forcibly by the plaintiff's intimidation, the defendant's refusal of payment as a declaration of intent by coercion will be cancelled.

The defendant's assertion is without merit, since there is no evidence to prove that the bill of commitment, i.e., payment, was made by duress.

Then, the defendant.

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