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(영문) 서울서부지방법원 2015.06.11 2014가합9953
약정금
Text

1. The defendant shall pay 147,392,50 won to the plaintiff and 5% per annum from February 27, 2002 to November 8, 2004.

Reasons

1. Indication of claim;

A. On February 2002, the Plaintiff proposed to purchase the Incheon Southern-gu C building from the Defendant and rent it to the Korean Racing Association. On February 26, 2002, the Plaintiff entered into a provisional contract with DBSSSEL special purpose company (hereinafter “DBS”), and paid KRW 200,000,000 as the provisional contract amount, according to the Defendant’s guidance.

B. Since then, the Plaintiff sought the return of the above provisional contract amount to DBS, but DBS rejected it, the Defendant agreed to pay the Plaintiff the above provisional contract amount of KRW 200,000,000.

C. On October 28, 2003, the Plaintiff filed a lawsuit seeking the return of provisional contract amount with Seoul District Court 2002Gahap27885, and received a compulsory adjustment decision including that “DBS shall pay KRW 70,000,000 to the Plaintiff until November 28, 2003,” and the said decision became final and conclusive around that time.

On November 14, 2003, the Defendant agreed to pay to the Plaintiff the remainder of KRW 130,000,000 for the provisional contract amount (= KRW 200,000,000 for the provisional contract amount - KRW 70,000 for the said compulsory adjustment order) and KRW 147,392,50 for the litigation cost by December 30, 2003.

E. On November 28, 2003, the Plaintiff received reimbursement of KRW 70,000,000 from DBS.

F. The Plaintiff against the Defendant.

On December 24, 2004, the Seoul Central District Court (Seoul Central District Court 2004Gahap87324) filed a lawsuit seeking the payment of the agreed amount set forth in paragraph (1) and sentenced on December 24, 2004 to the judgment that "the defendant shall pay to the plaintiff 147,392,50 won with 5% per annum from February 27, 2002 to November 8, 2004, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on January 15, 2005.

G. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the judgment above.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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