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(영문) 인천지방법원 2017.10.19 2016가단57337
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A’s spouse, Plaintiff B, and C of the deceased E (Death January 26, 2013) are children, and the Plaintiffs are the inheritors of the deceased.

B. The Deceased and the Defendant engaged in clothing sales business at the 66th floor of the 3rd floor of the “G” building located in the 6th floor of the 3rd floor of the 6th floor in Bupyeong-si, Busan. (hereinafter “instant store”).

C. On February 12, 1997, the deceased and the defendant decided to settle the partnership relationship and prepared the following descriptions (hereinafter “each of the instant reports”).

[W] Each of the instant statements] Although the F 3th floor G in Bupyeong-si managed the G3rd floor as a condition of the partnership business, each of them has a lot of difficulties in the partnership business, the third floor was accepted by the Defendant, and the Defendant’s store in the fifth floor was to handle at will, regardless of whether the deceased was leased or not.

However, until December 31, 1997, a store of 33th 5th 5th 5th 5th 33th 5th 5th 197 is to be acquired by the defendant, if the store is not sold.

(A) At the time of acceptance, the deceased will take over KRW 69,834,00: Provided, That the foregoing commitment shall be fulfilled only when the deceased pays the outstanding amount at the 66th floor of the third floor G on the day G.

On December 21, 2007, the Deceased filed an application for provisional seizure of real estate with the claim amounting to KRW 69,834,000 with respect to the Defendant’s real estate by the Incheon District Court 2007Kadan19629, and received a decision of acceptance on December 24, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. At the time when the plaintiffs' assertion was made by the deceased and the defendant, the tenant was the defendant at the time when they leased the store of this case from his neglect and the stock company, but the deceased paid KRW 69,834,00 as lease deposit.

The Defendant agreed to pay the deceased 69,834,00 won by December 31, 1997 in accordance with each of the instant notes.

(hereinafter referred to as the “instant claim”). Accordingly, the Defendant shall pay the amount stated in the claim to the Plaintiffs, the heir of the Deceased.

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