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(영문) 광주지방법원 2018.01.09 2017가단14890
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60 million and the amount thereof from June 30, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of evidence Nos. 1 through 4 as to the claim against Defendant C, the Plaintiff entered into a sales contract with Nonparty E on May 10, 2016, which provides that the purchase contract for the construction of multi-family housing between the former and the former and the former and the latter for the purchase of the site for multi-family housing on 36 lots of land; on May 19, 2016, the Plaintiff entered into a sales contract with the Defendants on May 19, 2016 with the former and the latter for the purchase of the site for multi-family housing at the rate of 1.5 billion won (the remaining KRW 1.35 million shall be paid within 60 million after the business approval); according to Article 5(7) of the above sales contract, the contract shall be effective as the remainder date; provided that the Plaintiff did not receive the payment of the purchase price to the Plaintiff at the rate of 60 million won for the last 60 million won of the contract with the former and the latter within the agreed period of 600.5 million won.

As to this, the defendant alleged that the above sales contract is unfair contract, but there is no evidence to acknowledge it, so the defendant's above assertion is without merit.

2. Determination as to the claim against Defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(However, the creditor is the plaintiff, the debtor is the defendant). B

Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act) shall be 3.

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