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(영문) 광주고등법원 2015.05.20 2014나12132
약정금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

(b) a letter of undertaking;

1. Real estate subject to sale: F 1,891 square meters ( approximately 572 square meters) in Gwangju Northern-gu;

2. Sales price D 286 square meters x 1.7 million won = 486 million won x 286 square meters x 2 million won x 570 million won x 2 million won.

3. The sum of the remainder payment of KRW 80 million in the intermediate payment of KRW 40 million in the Plaintiff’s passbook and KRW 243 million in the aggregate of KRW 123 million in the intermediate payment of KRW 80 million.

4. Any balance of the Plaintiff’s land KRW 329 million.

5. The remaining settlement amount of the Plaintiff’s land purchase price (i.e., the Plaintiff’s remaining settlement amount - 15.6 million won) - the estimated transfer income tax amount of KRW 95.6 million - the comprehensive real estate holding tax - KRW 15.6 million - the total real estate holding tax amount of KRW 28.3 million - the guarantee amount of KRW 28.3 million 20 million : D, which is the undertaking to pay KRW 251.7 million - the above settlement amount of the real estate purchase price of the subject real estate, shall be immediately paid to the Plaintiff, and if there is any difference in the settlement amount, D shall be adjusted through consultation with the Plaintiff, and D, which is the undertaking, shall be liable for the difference.

* If the plaintiff does not pay 4 million won of land brokerage commission, D will pay 4 million won of land brokerage commission to the plaintiff and 5 million won of land brokerage commission to the broker directly.

2) On the other hand, on January 27, 2014, D prepared a letter of undertaking with the following contents and delivered it to the Defendant Union. [Grounds for recognition] There is no dispute, and Gap evidence Nos. 1, 2, 4, 6 through 10 (which include a serial number; hereinafter the same shall apply).

written evidence Nos. 1, 3, 4, 7, 8, and 11, and the purport of the whole pleadings

3. Determination as to the cause of action

A. The Plaintiff asserted by the first party regarding the claim against the Defendant Union. At the time of the preparation of the second promise of this case, the Plaintiff agreed that the Defendant Union will pay to the Plaintiff the sum of KRW 452 million of the purchase and sale balance of the Plaintiff’s shares and other expenses, including the rent of superficies on the transmission tower with respect to the Plaintiff’s shares, KRW 532 million,00,000,000,000,000,000,000.

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