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(영문) 인천지방법원 2019.04.10 2018가단252495
부당이득금
Text

1. The Defendants are jointly and severally liable for 60,000,000 won to the Plaintiffs, and the period from May 11, 2018 to October 18, 2018.

Reasons

In full view of the purport of the entire pleadings, the facts identical to the entry of the cause of the claim in the attached Form No. 1 or No. 7 can be acknowledged in light of the Plaintiff’s respective statement of No. 1 or No. 7 (including evidence with a serial number).

According to the above facts of recognition, the Plaintiff may claim against the Defendant the sum of KRW 45 million and penalty of KRW 15 million following the cancellation, except in extenuating circumstances.

Whether there are such special circumstances, the legitimacy of the defendant's defense is examined below.

The defendants asserted that the defendant's defenses received a written consent from E after March 7, 2018 (A6) and accordingly, the original defendant entered into a new contract in lieu of the above performance agreement (A6).

In other words, if the Defendants were unable to pay KRW 60 million until May 10, 2018, the Defendants agreed to sell KRW 4540 square meters among Defendant 2’s land (F and G) to the Plaintiffs for KRW 600 million. However, the Defendants failed to pay KRW 60 million to the Plaintiffs by the deadline on May 10, 2018, and thus, the Plaintiffs are merely entitled to receive the registration of transfer of ownership by paying KRW 540 million and cannot claim KRW 60 million.

It can be seen as a plea to the effect that the performance agreement has already been null and void (in this case, it is impossible to make a claim on the basis thereof.

However, the issue is whether a new contract is established, whether a contract is entered into in lieu of the existing performance agreement, and whether the contract is null and void, and there is no proof by the defendant.

In conclusion, the defendant is obligated to pay to the plaintiff 60 million won with the rate of 5% per annum under the Civil Act from May 11, 2018 to October 18, 2018 (the day on which the duplicate of the complaint of this case was served) and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

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