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(영문) 부산지방법원동부지원 2014.09.04 2014가합320
약정금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 58,53,085 won and the period from June 21, 201 to July 25, 2013.

Reasons

1. Facts of recognition;

A. On August 25, 2010, the Plaintiff filed an application with the Changwon District Court 2010Kahap460 for the injunction against disposal of the F apartment 15 households located in the window E of Changwon-si, Changwon District Court for the injunction against disposal of the Defendant AWC (hereinafter “AWC”) on September 27, 2010, and completed execution around that time.

B. On November 8, 2010, the Plaintiff filed a lawsuit on the merits of a provisional disposition prohibiting the disposal as stated in paragraph 1(a) with the Busan District Court Decision 2010Kahap5150 against the development of the item industry (hereinafter “items Industry Development”) and the Defendant AWC.

C. On February 11, 2011, the Plaintiff and Defendant AWC, B, and C, during the course of the principal lawsuit as described in paragraph 1-b, are “Agreement dated February 11, 201, which is the following agreement:

A) The Defendant D drafted and jointly and severally guaranteed the settlement obligations of Defendant AAWC, B, and C with respect to the Plaintiff.

1. Defendant AAWC,

2. Defendant B,

3. Defendant C’s above Party, upon receipt of an application for provisional disposition against “A” with respect to F apartment 15 households located in Changwon-si G G G from Changwon-si G, shall agree and implement as follows with respect to the execution of the provisional disposition (the Changwon District Court 2010Kahap460).

A. L. L. L.I.

1. “B” should be paid KRW 65 million to “A” as soon as the F apartment 15 households withdraw a provisional disposition upon request by “A”.

2. The “A” and “B” shall settle the amount referred to in paragraph (1) in accordance with the result of the judgment in the principal lawsuit of the provisional disposition case applied by “A”, and where the judgment becomes final and conclusive to receive the amount that “B” paid to “A” under paragraph (1), they shall return the part that “B” received to “B”, and where the judgment becomes final and conclusive to receive the amount exceeding the amount that “B” paid to “A”, the part that “B” shall be paid to “B” under paragraph (1).

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