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(영문) 대전지방법원 2018.05.03 2017가단213293
약정금
Text

1. The Defendant shall pay KRW 50 million to the Plaintiff, as well as 5% per annum from March 11, 2016 to April 5, 2018, and from the next day.

Reasons

1. Recognizing the facts, C&C partnership (hereinafter “foreign partnership”) obtained a disposition to establish an association under Article 16 of the former Land and Rearrangement Projects Act (amended by Act No. 6252, Jan. 28, 200; hereinafter “Act”) on November 26, 1998, as a corporation for the purpose of promoting D&D development projects, and received a disposition to authorize the project implementation under Article 9 of the Act on December 24, 199.

On April 13, 2006, the Plaintiff filed a lawsuit against the non-party partnership, etc. with Daejeon District Court 2006Gahap313, and received the judgment that "the non-party partnership shall pay to the Plaintiff the amount of KRW 150 million with interest of KRW 150 million and 20% per annum from April 14, 2006 to the date of full payment." The above judgment (hereinafter "the judgment in favor of the Plaintiff") was finalized on May 5, 2006.

On March 4, 2015, the Plaintiff applied for a compulsory auction for movable property (hereinafter “instant compulsory auction”) against the non-party partnership upon the judgment in favor of the Plaintiff. Accordingly, on June 2, 2015, the property of the non-party partnership was seized, and the date of sale was fixed on February 22, 2016.

On February 18, 2016, the defendant, the representative of the non-party partnership, calculated the principal and interest of the debt according to the plaintiff's winning judgment until the time, as KRW 450 million. In addition, in addition, the plaintiff added a total of KRW 50 million to the payment of KRW 50 million by March 10, 2016 (hereinafter "the execution resolution of this case") in consideration of the fact that the plaintiff delayed the auction date of the auction procedure of this case.

On February 19, 2016, the Plaintiff filed an application with the competent enforcement officer for the postponement of the auction date of the instant compulsory auction procedure. Accordingly, the auction date was changed on March 21, 2016.

Then, the Plaintiff filed a lawsuit with this court (2016da22407) seeking payment of KRW 50 million and damages for delay against the non-party partnership in accordance with the implementation resolution of the instant case.

(e).

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