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(영문) 대전지방법원 2019.02.13 2018가단18389
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 190 million and the interest rate of KRW 15 million per annum from July 24, 2018 to the day of full payment.

Reasons

The Defendant’s letter of non-performance that, on December 28, 2017, the Defendant promised to make full payment of the amount of KRW 147 million and the amount of KRW 42 million by January 31, 2018, and that, on February 13, 2018, the Defendant’s letter of non-performance that, “The amount of KRW 190 million shall be repaid in good faith by March 30, 2018,” each of which was written and drawn up, does not conflict between the parties.

The defendant asserts to the effect that in order to develop land C located in Sejong Special Self-Governing City, 150 million won was invested by the plaintiff, but the above land development project did not proceed as scheduled, and that the plaintiff should bear investment risk.

However, as long as the defendant prepares and prepares the above books to the plaintiff, it is insufficient to block the plaintiff's claim for the payment of the contract amount. Thus, the defendant's above assertion cannot be accepted.

Therefore, the defendant is obligated to pay to the plaintiff 190 million won with 15% interest per annum from July 24, 2018 to the day of full payment, as the plaintiff seeks.

If so, the plaintiff's claim shall be accepted with due reason, and it is so decided as per Disposition.

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