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(영문) 대구지방법원김천지원 2015.07.17 2014가단3418 (1)
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from April 24, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant requested C to purchase 1/3 of the Plaintiff’s equity (hereinafter “Plaintiff’s equity”) out of 24,567 square meters of Gu-U.S. C forest land (hereinafter “instant land”) and requested C to purchase the Plaintiff’s equity (hereinafter “Plaintiff’s equity”), and C again requested C to purchase the Plaintiff’s equity to E having a close relationship with the Plaintiff.

B. Accordingly, E proposed to sell the Plaintiff’s share, and on August 25, 2010, between the Plaintiff and the Plaintiff, entered into a sales contract with the content that the Plaintiff purchases the Plaintiff’s share in KRW 800 million (a contract amounting to KRW 100 million, an intermediate payment to KRW 200 million, and an outstanding balance to KRW 500 million) under the name of the Defendant, and affixed the Defendant’s seal on the sales contract (a certificate No. 1; hereinafter “instant sales contract”) on the back of the said sales contract (hereinafter “instant sales contract”), and on the back of the said sales contract, signed a letter of commitment stating that “if the Defendant receives the F share in the instant land at a price not exceeding KRW 1 billion, it shall pay KRW 40 million separate from the purchase price, and affixed

(A) No. 2, hereinafter referred to as “instant undertaking”).

E, on August 25, 2010, in the course of consultation with the Plaintiff on the purchase price, terms, etc. of this case, E made a telephone conversation with C, with which all consent was obtained from the Plaintiff, and made the instant sales contract and the letter of commitment to the Plaintiff.

Then, the Defendant paid to the Plaintiff the purchase price of this case KRW 800 million, and completed the registration of ownership transfer based on the instant sale on September 3, 2010. On June 29, 2011, the Defendant sold KRW 14,99/25,713 out of the instant land at the real estate auction procedure (Tgu District Court Kimcheon Branch), not more than KRW 1 billion, and completed the registration of ownership transfer.

However, the business planned by the defendant was no longer available, and the defendant was faced with a very difficult situation in economy.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 3, 2 and the defendant's name of this document is followed.

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