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(영문) 대구지방법원 2020.06.18 2020가단101789
약정금
Text

1. The Defendant’s KRW 63.9 million and its relation to the Plaintiff’s KRW 2% per annum from January 1, 2020 to January 28, 2020 and the following day.

Reasons

1. Facts of recognition;

A. The defendant's status is a company that conducts the sales agency business.

B. (1) On August 18, 2016, the Plaintiff entered into a contract with C to purchase part of the land (hereinafter “Seopo-si land”) out of D and two parcels outside Seopo-si, Seopo-si, Seopo-si, and Seopo-si.

At that time, the defendant (the trade name of the corporation E) affixed the written contract to the "sale agency".

The plaintiff paid 36 million won in total as down payment and intermediate payment.

(2) On January 23, 2017, the Plaintiff entered into a contract with the Defendant (F at the time of the trade name) to purchase part of the Asan City G Gung (a “31/615 of the 591 square meters” in the contract, and “Asan City land” (hereinafter referred to as “Asan City land”).

The plaintiff paid 27.9 million won in total as down payment and intermediate payment.

C. On July 9, 2019, the Defendant signed a letter of undertaking that “if an application for the registration of ownership transfer is not filed with the land at Seogpo-si and Asan-si from December 30, 2019, the Plaintiff will return the purchase price paid by the Plaintiff in full, and shall pay damages for delay of 2% per annum from that day to the date of return” (hereinafter “instant letter of undertaking”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 10; the purport of the whole pleadings is that the defendant does not have any obligation to refund the purchase price for the land at Seopopopopopo City which is not the party to the sales contract; however, since the letter of promise of this case referred not only to the land at Seopo City but also to the fact that Seopo City sold the land on behalf of Seopopo City, it is clear that he promised to return the purchase price for the land.

A person shall be appointed.

2. According to the facts established on the basis of the judgment on the cause of the claim, the Defendant’s agreement is based on the agreement from January 1, 2020 to January 28, 2020, which was served by the complaint of this case, since the date on which the Plaintiff would pay the Plaintiff a total of KRW 63,90,000,000, and damages for delay.

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