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(영문) 대구지방법원 2018.11.22 2018가합201669
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 255 million and the interest rate of KRW 15 million per annum from February 8, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 5, 2016, the Plaintiff transferred KRW 250 million to the Defendant via C, one’s own children.

B. Around March 16, 2017, the Defendant: (a) handed over to the Plaintiff, by April 30, 2017, KRW 500,000,000,000,000 to March 30, 2017; and (b) prepared and delivered to the Plaintiff, respectively, a letter of intent to pay KRW 250,000,000 to the Plaintiff by June 30, 2017 (hereinafter “each letter of March 16, 2017”); (c) the Defendant, at the Plaintiff’s seat, agreed to pay KRW 3,50,000,00 to the Plaintiff regarding the apartment lease that the Plaintiff would reside; (b) KRW 1,70,000,000,000,000 to KRW 5,000,000,000 to KRW 1,716,00,000 to the end of March 27, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant paid a total of KRW 250 million to the Plaintiff on June 30, 2017, and the Defendant agreed to pay KRW 150 million to the Plaintiff by the end of September 2017, and KRW 150 million by the end of December 2017. As such, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 2550 million and delay damages calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 8, 2018, which is the day following the delivery date of the original original payment order, to the day of full payment, as sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. As to the summary of the Defendant’s assertion of KRW 250 million, the Defendant did not receive KRW 250 million from the Plaintiff, and the Defendant did not receive KRW 250 million from the Plaintiff.

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