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(영문) 서울남부지방법원 2015.01.22 2013가합19817
약정금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from January 25, 2014 to the day of complete payment.

Reasons

Facts of recognition

On December 10, 2010, the Plaintiff and the Defendant concluded an agreement (Evidence A 1-1) with the following contents.

[Preparation] Location of Goods (A): The location of the whole Diveel (loan 850 million won) located in Gosung-gun C of Gangwon-do:

1. Five parcels, both E and 5 in Sungnam-si;

2. F. G. (hereinafter “Seoul-gun Land”). At the time of the conclusion of the instant agreement, the landowner on the register was Nonparty H.)

1. As to the exchange between Gap and Eul as above, the defendant purchased the above exchange with the plaintiff's agent, and the defendant leased the DNA telecom to the plaintiff and pay 300 million won to the plaintiff by April 30, 201.

2. The Plaintiff shall transfer to the Defendant both the purchase and sale of land E (including cash KRW 40 million) and the person designated at the same time.

3. The defendant shall register the exchanged DNA, succeed to the bank loans of KRW 850 million and assume the responsibility of interest.

4. All operations are responsible for the Defendant and are also responsible for lease and sale.

5. The Defendant established the right to collateral security with respect to KRW 300 million to the Plaintiff after transferring the DNA telecom.

The Plaintiff and the Defendant changed the instant agreement on December 17, 2010 as follows.

(A) The instant arrangement 2, hereinafter referred to as “instant agreement”) [the instant agreement] Provided, That the amount of KRW 150 million shall be paid to the Plaintiff at the time when the Defendant entered into a contract for use with the Defendant under a contract for use with the Defendant, after receiving the status of KRW 30 million and the cash of KRW 30 million for the land at which the DNA was excluded from five parcels, and having received the status of KRW 30 million in cash and I provisional seizure.

On December 20 and December 27, 2010, the Plaintiff paid a total of KRW 30 million to the Defendant under the instant agreement.

After that, the case of the DoMocom Exchange contract with the land of Goung-gun, which the defendant had been proceeding, was no longer formed.

On March 6, 2013, the Defendant exchanged the land owned by H and the land owned by Y and the land and the land and the building on the ground of Maurel (hereinafter “Mururter”) owned by Y as the representative of H, who is the owner on the register of the land of Y on March 6, 2013, but the new cooperation loan for Maur is 200 million.

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