(영문) 수원지방법원 2015.05.21 2014가단43720

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(영문) 수원지방법원 2015.05.21 2014가단43720

약정금

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1. The Defendant shall calculate the amount of KRW 100 million to the Plaintiff at the rate of 20% per annum from August 8, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 15, 2009, the Plaintiff started running an entertainment drinking house business (hereinafter “instant store”) by setting the lease period from the development of the Induk Industries Co., Ltd., the former owner of the instant building, to October 14, 201, and extended the said lease period for two years after the said lease period expires.

B. The Defendant changed the use of the instant building, which was a general neighborhood living facility, to an urban-type residential house, and attempted to sell the entire nine floors among them.

However, in February 2014, when it is difficult to change the purpose of use due to the store of this case, the Plaintiff and the Defendant received documents related to the withdrawal of the store of this case from the Plaintiff at the same time, and the Defendant paid KRW 100 million to the Plaintiff, and the Defendant written an agreement to additionally pay KRW 100 million when the ownership transfer is completed to the buyers and buyers of the building of this case (hereinafter “instant agreement”).

C. After the formation of the above agreement, the Defendant paid KRW 100 million to the Plaintiff, and received documents related to the withdrawal of the business license of the instant store from the Plaintiff and reported the closure of the instant store on February 27, 2014.

The nine floors of the instant building are 40 units, and 39 units have been sold until July 22, 2014, which was received by the warden, and the ownership transfer registration was made to the buyer.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 6, and 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the defendant's obligation to pay the agreed amount under the agreement of this case has occurred at the time of receipt of the complaint of this case. Thus, the defendant is liable to pay to the plaintiff the agreed amount of KRW 100 million and damages for delay.

B. The Plaintiff’s assertion 1 regarding the Defendant’s assertion is the instant case.

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