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(영문) 춘천지방법원원주지원 2016.06.16 2015가합614
약정금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 246,360,000 and Defendant B from September 1, 2015.

Reasons

Basic Facts

A. From January 8, 2005 to January 30, 2010, the Plaintiff entered into a contract with the Defendants to purchase real estate in E and F (hereinafter “each of the instant real estate”) from the Defendants, and paid the Defendants KRW 206,00,000 in total, and KRW 246,360,000 in civil construction cost.

B. On September 15, 2014, the Defendants drafted and arranged to the Plaintiff each of the instant real estate sales contracts with the following descriptions (hereinafter “instant notes”).

I will jointly and severally return the sale price and other amount of KRW 246,360,000 until August 31, 2015.

They will provide security equivalent to 246,360,000 won until September 10, 2015 in the first order of collateral security.

I, as above, accept the performance and, if some, hold the responsibility for the performance in civil or criminal cases and hold the objection not to be raised.

[Grounds for recognition] A. The Defendants are jointly and severally liable to pay 246,360,000 won and delay damages in accordance with the respective text of this case.

(2) The Plaintiff and the Defendants agreed to extend the repayment period of the monetary payment obligation under each of the instant agreements according to the financial standing of the Defendants. The Plaintiff and the Defendants agreed to extend the payment period of the monetary payment obligation under each of the instant agreements.

Since each real estate development project of this case is in progress, the financial resources of the defendants are difficult, and the period of repayment of the defendants' monetary obligation has not yet arrived.

Judgment

According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendants jointly and severally serve the Plaintiff a copy of the instant complaint from September 1, 2015, which was from September 1, 2015, and from January 7, 2016; and Defendant C on February 2016, 2016.

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