(영문) 광주지방법원 2017.10.17 2016가단518814

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(영문) 광주지방법원 2017.10.17 2016가단518814

약정금

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1. The Defendant’s KRW 59,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 1, 2012 to August 8, 2016.

Reasons

1. Basic facts

A. On May 4, 2012, with respect to the D Building No. 1335 (hereinafter “the instant officetel”), which will be constructed on the land outside Seo-gu, Seo-gu, Gwangju, Seo-gu (hereinafter “instant officetel”), the sales contract form stating that “a contract deposit, intermediate payment, and balance shall be deposited into the account of an international trust company” in the name of the Plaintiff and the Dondi City Development Co., Ltd. (hereinafter “non-party”) is valid, and as to the damage in the case of deposit into another account or payment in cash to employees, the non-party company or the international trust company, a sales trust administrator, shall not be liable (Article 1(3)” (hereinafter “instant sales contract form”).

B. From May 1, 2012 to May 9, 2012, the Plaintiff paid the Defendant totaling KRW 54 million to the sales price of the instant officetel.

C. On May 9, 2012, the Defendant issued to the Plaintiff a written confirmation of the following contents (hereinafter “instant confirmation”).

The transferor: Defendant and transferee: The Defendant, on May 9, 2012, assigned the instant officetel sales contract to the Plaintiff on the following terms and conditions.

Until November 30, 2012, the transferor, by November 30, 2012, the Defendant agreed to recover the instant sales contract from the Plaintiff at KRW 59 million and agreed to conclude the contract.

Provided, That in principle, where the transferee does not recover, the transferor's defendant shall consent to his/her intention.

The Defendant deposited KRW 25 million out of the sales price of the instant officetel received from the Plaintiff into the account of the Nonparty Company, and used the remainder of KRW 29 million as the business fund.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 7, the purport of the whole pleadings

2. Parties to the instant contract for the sale of officetels;

A. The plaintiff asserts that the plaintiff is the plaintiff and the defendant, and the defendant is the plaintiff and the non-party company.

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