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(영문) 서울동부지방법원 2015.02.13 2014가단18958
약정금
Text

1. Defendant B’s KRW 65,00,000 and the Plaintiff’s annual rate of KRW 5% from June 14, 2006 to July 17, 2014.

Reasons

1. Determination as to the claim against the defendant B

A. The facts that the Defendants are married, and when the Defendants purchased a house in Pyeongtaek-gun, Gyeonggi-do from the Korea SPSB Specialized Company on April 10, 2006 under the name of Defendant C, the Plaintiff agreed to invest part of the purchase price, and paid a total of KRW 40 million between April 10, 2006 and April 24, 2006. In relation to this investment amount, Defendant B agreed that the Plaintiff will pay KRW 65 million, including profits in the investment principal, to the Plaintiff after 50 days from the date of investment (hereinafter referred to as the “instant agreement”), on the grounds that there is no dispute between the Plaintiff and the Defendant B, the Defendant B is obligated to pay the Plaintiff the above agreed amount of KRW 65 million from the following day of the agreement to the date of repayment (from June 13, 2006, which is 500 days from the date of the last investment) and the date of repayment (from June 13, 2006) to the date of payment of each of the instant agreement.

B. Defendant B has a defense that he paid to the Plaintiff KRW 36 million out of the contract amount of this case, but there is no evidence to acknowledge this. Thus, Defendant B’s defense is without merit.

2. The Plaintiff asserted that Defendant C entered into the instant agreement with Defendant C along with the Defendant, and that Defendant C is jointly and severally liable to pay the instant agreement with Defendant C. However, there is no evidence to prove that Defendant C entered into the instant agreement with Defendant B, and the Plaintiff’s above assertion cannot be accepted.

3. If so, the plaintiff's claim against the defendant B is reasonable, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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