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(영문) 제주지방법원 2016.06.16 2015가합1402
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion is that the Defendant, a de facto owner of the Plaintiff and the Plaintiff, paid KRW 2 billion to the Plaintiff as damages for selling land C (No. 438 square meters) prior to replotting to a third party without authority. Of them, one billion won shall be paid at the latest until June 30, 2014, and one billion won shall be paid at the latest until December 31, 2015. As such, the Defendant shall pay to the Plaintiff KRW 2 billion and damages for delay from the date following the due date.

2. Determination

A. According to the Plaintiff’s assertion, there is evidence No. 1 (defluence) as evidence, and the statement of payment contains the following contents. If the result of the fact inquiry into the Jeju market in this Court is added to the purport of the entire pleadings, the following stamp image of the Defendant’s name affixed on the statement of payment shall also be recognized as having the same facts as the Defendant’s name affixed on the document of “documents D” and “documents E” submitted to the Jeju audience on February 1, 2013 in the name of the Defendant.

The land of approximately C C, approximately 438 in Jeju, prior to the land substitution, was in fact nominal trust to your own land or to He and his mother, his mother. However, he sold this land without his consent, however, he promised to pay in cash as follows in order to compensate for the property loss of your own property as follows:

1.The amount payable by each letter to you shall be two billion won.

2. Of paragraph 1.2 billion won, one billion won shall be paid immediately when the tourist hotel site, such as G, in Jeju, is sold, and, if not, shall be paid in cash until June 30, 2014, regardless of sale.

3. Of the KRW 2 billion in paragraph 1, one billion shall be paid immediately after the sale of the site for amusement park contact facilities, including H, at Jeju, and, if not, shall be paid in cash until December 31, 2015, regardless of the sale.

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