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(영문) 서울동부지방법원 2018.08.16 2016가단141678
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a notarial deed with the executory power of No. 416 of the law firm C, 2015.

Reasons

1. Facts of recognition;

A. On March 27, 2013, the Plaintiff entered into a sales agency contract with the Defendant on the part of the Defendant with regard to the sale of the officetel and neighborhood living facilities in Songpa-gu Seoul, Songpa-gu, Seoul, on behalf of the Plaintiff. The Defendant paid KRW 300,000,000 to the Plaintiff.

B. Around 2015, the Defendant agreed to pay 740,000,000 won (the Defendant’s 620,000,000 won and the Defendant’s representative director’s 120,000 won) to the Plaintiff, knowing that the Plaintiff entered into a sales contract directly with its members or that the sales contract was concluded with other buyers E, and that the Plaintiff would pay 740,00,000 won at the end of the consultation several times.

Accordingly, on February 17, 2015, the Plaintiff remitted KRW 10,000,000 to the Defendant’s account, and KRW 100,000,000 on March 4, 2015, respectively, and transferred KRW 160,000,00 to the Defendant’s account.

On May 20, 2015, the Plaintiff: (a) paid a total of KRW 620,00,000 as of the deposit money for sale guarantee; (b) paid KRW 160,00,000 as of March 2015; (c) KRW 200,000,00 as of April 15; (d) KRW 150,000,000 as of June 15; and (e) issued a written commitment of payment to the Defendant that “The Plaintiff shall pay KRW 110,00,000,000 as of July 10, 2015.”

On May 20, 2015, the Plaintiff prepared and delivered a letter of payment assurance stating that “The Defendant representative director F promises to pay KRW 10,000,000 to F by July 10, 2015,” separate from the said letter of payment assurance.

C. In the event that the amount of KRW 620,00,000 as of May 20, 2015 includes KRW 160,00,000 paid on March 4, 2015, and the time for payment is required to change, the Plaintiff, on July 27, 2015, promised to preferentially pay KRW 460,000,000 to the Defendant from the total amount of service fees received by the Plaintiff at the payment agency, and that the Plaintiff, on August 30, 2015 (the first payment), paid KRW 350,00,000 until August 30, 2015 (the second payment), and paid KRW 110,00,000 until September 30, 2015 (the second payment) (excluding the confirmation document of KRW 620,000,000).

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