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(영문) 대전지방법원 2017.05.25 2016가단210761
약정금
Text

1. The Defendant’s KRW 108,060,00 for the Plaintiff and 5% per annum from May 5, 2015 to May 30, 2016.

Reasons

1. Basic facts

A. On October 8, 2014, the Plaintiff entered into a sales contract with the Defendant regarding the store 118 and 119 in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant store”). On October 15, 2014, the Plaintiff entered into a sales contract regarding the instant store 108, 109, 110, 111, 112, 12, 120, and 121; and the Plaintiff paid the down payment to the Defendant around the date of each sales contract; and the Defendant received KRW 278,00,000 from the Plaintiff total down payment.

B. On March 30, 2015, the Plaintiff and the Defendant agreed to cancel the sales contract for the instant commercial building Nos. 118 and 119. On the same day, the Plaintiff prepared to the Defendant a certificate of confirmation of the down payment of the down payment to the effect that the down payment of KRW 78,000 for the instant commercial building Nos. 118 and 119 shall be refunded, and the Defendant returned KRW 78,00,000 to the Plaintiff on the same day after receiving the said letter of waiver and the certificate of confirmation of refund from the Plaintiff.

C. Since then, the Plaintiff and the Defendant agreed to cancel the sales contract for the instant commercial building Nos. 108, 109, 110, 111, 112, 120, and 121.

Location: 200,000 won, excluding the total down payment of 278,00,000 won from the total amount of 118, 119, 108, 109, 110, 1111, 112, 120, and 121 of the shopping district in this case (nine pieces), and the total amount of 240,000,000 won from the total amount of 278,00,000 won from the total amount of 78,000,000 won from the investment gains of 118, and the total amount of 240,00,000 won from the investment gains of 118, May 4, 2015, shall be deposited to the Plaintiff by F (Representative: Defendant).

F confirms that the first and second parts of the content certification to the Plaintiff do not constitute any legal problem.

After receiving the down payment and benefit money on May 4, the Plaintiff promised not to make any speech related to the Defamation of the F.

F Company Representative B’s agent E: E, D

D. The Plaintiff and D together with E are as follows in April 2015 or the beginning of May 2015.

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