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(영문) 창원지방법원통영지원 2017.11.29 2017가단22222
약정금
Text

1. The Defendants jointly share KRW 60,000,000 with respect thereto to the Plaintiff and the period from November 19, 2014 to May 16, 2017.

Reasons

1. The Plaintiff entered into a contract with Defendant C to newly build a house on the instant land (hereinafter referred to as “instant land”) and paid to Defendant C the sum of KRW 20 million as the construction price on April 3, 2012 and KRW 40 million on April 5, 2012.

On October 30, 2012, Defendant C prepared and delivered to the Plaintiff a letter of payment as follows:

The daily payment note: (a) the amount of money equivalent to KRW 0 million shall be paid directly by E to the Plaintiff from the balance payable to E; and (b) the Defendant C shall pay the remainder to the Plaintiff in preference to all others.

Provided, That the interest shall be paid by December 30 and shall be paid by the day.

The payment of interest after December 30, 2012 shall be made in three copies.

On the other hand, on November 18, 2013, the Plaintiff sold the instant land and 53 square meters to Defendant B.

On November 18, 2014, Defendant B prepared and issued the following certificates to the Plaintiff:

Under the current status of the construction contract between the above building owner E and the construction business operator, building owner E shall pay the remainder of the remainder payment to Defendant C by the building owner to the Plaintiff who is in a debt relationship with Defendant C by the building owner.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion sought the return of KRW 60 million paid to Defendant C by deeming that the Plaintiff could not function as a unit of electric power resource because the form of the instant land is in line with the form of the instant land. The Defendant C drafted a letter of payment to the Plaintiff to the effect that the Plaintiff would pay the said KRW 60 million in the cash storage certificate and the balance to be received from E.

In addition, the Plaintiff was promised to settle the claim amounting to KRW 60 million that Defendant B should receive from Defendant C, and sold the instant land and neighboring D land. As such, Defendant B would pay the above KRW 60 million directly to the Plaintiff.

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