logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.19 2014가합62454
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from June 16, 2010 to the date of full payment.

Reasons

1. Basic facts

A. On May 25, 2009, the Plaintiff entered into a contract to supply Defendant B and Jung-gu Seoul, and 506 above-ground E Apartment 506 (hereinafter “instant apartment”) with KRW 698 million for 27,000,000.

(hereinafter “instant supply contract”). (b)

On June 15, 2009, the Defendants prepared a performance certificate with the following contents and delivered it to the Plaintiff.

(hereinafter referred to as “instant performance confirmation”). Defendant B, who is a seller for apartment sale, confirms the payment of the apartment sale price to the Plaintiff, who is the seller for apartment sale, as follows, and prepares this performance certificate to verify it, and then issues it to the Plaintiff after signing and sealing it.

1. As of June 15, 2009, Defendant B confirmed that the remaining purchase price of the instant apartment was KRW 200 million.

2. The defendant B confirms that the above remaining balance should be paid to the plaintiff within 12 months from June 15, 2009.

3. Where Defendant B violated the above payment date, the above overdue interest shall be imposed at 24% per annum, and no objection shall be raised even if the Plaintiff takes measures such as provisional seizure, auction, civil litigation, etc. to recover the remainder of sale.

4. If the defendant B fails to comply with the above performance certificate, the defendant C shall be jointly and severally liable and discharged.

C. As to the apartment of this case, the registration of ownership transfer was completed on June 17, 2009. D.

Defendant B is a child of Defendant C.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, and 3 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants shall jointly and severally pay to the Plaintiff the agreed amount of KRW 200 million and damages for delay calculated by the rate of 24% per annum from June 16, 2010 to the date of full payment, which is the day following the due date, pursuant to the instant performance certificate and the instant supply contract.

arrow