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(영문) 서울중앙지방법원 2015.05.13 2014가합571187
약정금
Text

1. As to KRW 179,600,000 and KRW 150,00,000 among the Plaintiff, Defendant C Co., Ltd. shall start from April 14, 2015.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of construction business, etc., and Defendant B was in the position of Nonparty D’s director and auditor, the representative director of the Defendant Co., Ltd.

B. On November 13, 2008, the Plaintiff purchased Fdong (hereinafter “instant building”) from the Defendant Company for KRW 1 billion, a house located in Pyeongtaek-si E (hereinafter “instant building”).

(hereinafter “instant sales contract”). C.

On November 13, 2008, the Plaintiff paid to the Defendant Company KRW 150 million as the down payment of the instant sales contract.

[Reasons for Recognition] Defendant B: A without dispute, the defendant company as stated in the evidence Nos. 2 and 3: A: A confession made due to non-appearance (Article 150(3) and (1) of the Civil Procedure Act)

2. As to a claim against the defendant company

A. The Plaintiff and the Defendant Company agreed to cancel the instant sales contract on or around January 2009. (2) The Defendant Company agreed to pay the Plaintiff KRW 800,000 per month interest on the said down payment from August 2009 to August 15, 2009.

[Reasons for Recognition] Confession due to Absence (Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above findings of determination, the Defendant Company is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as claimed by the Plaintiff, from August 14, 2015 to September 2014, the sum of the agreed interest amounts of KRW 150 million,00,000,000 for 62 months from August 2009 to September 2014, excluding KRW 29,60,000,000,000 and KRW 15,000,000,000,000, which is the next day of the delivery of the copy of the complaint of this case.

3. As to the claim against the defendant B

A. Following the fact that Defendant B’s status was recognized as one of the instant sales contract, the dispute between the parties thereto.

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