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Reasons
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(영문) 대구지방법원서부지원 2014.05.22 2013가합1052
대여금
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1. As to the Plaintiff, Defendant B’s KRW 202,212,054 and KRW 200,000,000 among them, Defendant C, E, and F are Defendant B.

Reasons

1. On January 28, 201, Defendant B: (a) purchased the land and its ground buildings owned by the Plaintiff and the Defendant in Daegu North Korea-gu, Daegu North Korea-gu, in total with KRW 140 million; (b) paid the purchase price up to January 19, 2012; and (c) paid a penalty up to KRW 10 million; but (c) did not pay the purchase price by the agreed deadline, the fact that the Plaintiff and the Defendant did not dispute between the Plaintiff and the Defendant, or that it was recognized by the written evidence Nos. 1 and 2.

According to the above facts, Defendant B, who violated the above sales contract, has a duty to pay damages for delay calculated at the rate of 20% per annum from June 21, 2013 to the date of full payment, which is the day following the last delivery date of the copy of the complaint of this case, which includes the purport of demanding performance of the penalty of KRW 5 million (10 million for penalty of KRW 10 million x 1/2 of the Plaintiff’s interest x 1/2 of the Plaintiff’s interest) as penalty to the Plaintiff who is one of the co-owners.

2. Judgment on the remaining claims of the Plaintiff

A. 1) On May 16, 2012, the Plaintiff (hereinafter “I”) is the Plaintiff Company I (hereinafter “I”).

B) Between the Plaintiff and the Plaintiff made an agreement with the Plaintiff to deposit KRW 150,000,000 in the I’s collective housing business with the I’s account on January 20, 2012, the Plaintiff paid KRW 25,000,000,000,000 from the investment amount to KRW 50,000,000,000 until January 20, 2012, and KRW 50,000,000 until May 31, 2012. 2) The Plaintiff deposited the I’s account into the I’s account on January 20, 2012; KRW 50,000,000; KRW 30,000,000 on March 23, 2012; and KRW 30,50,000,000 on March 29, 2012.

3) However, when the Plaintiff was unable to receive the said investment amount, Defendant B agreed to pay KRW 195 million including the amount invested by the Plaintiff on November 5, 2012, and the bank from June 2012. Defendant C, E, and F guaranteed the said amount (hereinafter “instant agreement”), and Party A’s certificate No. 4 stating the content thereof “the instant agreement”).

On the other hand, this case.

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