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(영문) 춘천지방법원원주지원 2019.02.19 2018가합6484
약정금
Text

1. The defendant shall pay to the plaintiff KRW 213,279,452 as well as KRW 210,00,000 among them, from August 8, 2018 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff and the Defendant concluded an agreement with the following (hereinafter “instant agreement”) on January 22, 2018.

- The defendant shall pay 130,000,000 won to the plaintiff by June 30, 2018.

- The Defendant, instead of KRW 80,000,000, up to June 30, 2018, shall implement the procedure for the registration of ownership transfer with respect to the land of KRW 496 square meters among KRW 33,061,00,00,00 in Gyeyang-gun, Gyeonggi-do (hereinafter “instant land”).

(hereinafter referred to as “instant accord and satisfaction agreement”) - If the defendant fails to perform this, the instant agreement shall be cancelled, and the defendant shall pay damages for delay calculated at the rate of 15% per annum from the day following the date of payment.

B. It is reasonable to interpret that the instant agreement on payment in substitutes was rescinded where the Defendant did not implement the procedure for ownership transfer registration on the instant land by June 30, 2018 to the Plaintiff, and that the Defendant agreed to pay the Plaintiff the amount of KRW 80,000,000 and the damages for delay calculated at the rate of 15% per annum from July 1, 2018.

As long as the Defendant did not perform the registration procedure for ownership transfer of the instant land by June 30, 2018 to the Plaintiff, the instant accord and satisfaction agreement stipulated in the instant agreement arose.

Furthermore, the Plaintiff’s declaration of intent to cancel the agreement on the payment in substitutes of this case was delivered to the Defendant by the instant complaint to the purport that the Plaintiff included KRW 80,000,000 in lieu of seeking the procedure for ownership transfer registration on the land in this case and damages for delay thereof.

Ultimately, the instant arrangement for payment in kind was rescinded.

C. If so, the Defendant is the Plaintiff’s KRW 210,000,000 (=130,000,000 won) and the instant agreement from July 1, 2018 to August 7, 2018, which is the day following the payment date.

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