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(영문) 수원지방법원 2015.08.25 2015가단12822
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 99,50,000,00 to the Plaintiff (Counterclaim Defendant) and its related amount from June 18, 2014 to April 9, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 23, 2011, the Plaintiff and the Defendant concluded a real estate consulting service contract (hereinafter “instant contract”) and the main contents are as follows.

Indication of Real Estate: Ctel 404(the contracted area of 36.52m2m2, hereinafter referred to as “the instant telecom”).

1. The Defendant shall pay a daily amount of KRW 10,000 ( KRW 10,00,000) for the Plaintiff’s real estate consulting services after deducting the source tax from the source tax until October 30, 2012. The Defendant shall pay the said newly-built real estate as a substitute after obtaining the approval of the first and second priority beneficiary and the use of the said real estate.

2. The defendant shall notify the plaintiff of the fact that he obtained approval for use by registered mail within two weeks, and shall provide the plaintiff with documents necessary for the registration of transfer of ownership.

3. If the transfer of ownership is not made within three months from the notification of the fact under the preceding Article, this contract shall be terminated without any condition, and if the payment of the price and the transfer of the right of action under Article 1 are not made due to the defendant's reasons, the payment of the price shall be made in the amount of KRW 100,000 per day ( KRW 109,50,000).

8. If the defendant did not perform his/her obligations, D is responsible for the joint and several sureties.

B. On November 14, 2012, the instant officetel: (a) the ownership preservation registration date was registered in the name of the Rose of Sharon Trust Co., Ltd. on November 14, 2012; (b) the ownership transfer registration date was made in the Defendant on January 30, 2013; (c) the ownership transfer registration date in the name of the Rose of Sharon Trust Co., Ltd. on January 30, 2013; and (d) the ownership transfer registration was made in the name of Nonparty F on

C. Around November 2012, the Defendant paid KRW 10 million to the Plaintiff according to the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 14, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion is a criminal trial against D by deceiving the plaintiff and deceiving 100 million won, which is a joint and several surety of the contract of this case.

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