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(영문) 광주지방법원 순천지원 2018.08.09 2017가단12220
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 170,00,000 and the interest rate of KRW 15% per annum from December 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. From September 4, 2013, the Plaintiff invested a total of KRW 172 million in an urban development project conducted by the Defendant in the Young-gu Busan Metropolitan City, Young-do.

B. After that, the Plaintiff demanded the Defendant to return the investment amount on the ground that the Plaintiff failed to fulfill the investment conditions, etc., and on May 13, 2016, the Defendant drafted a letter of payment with respect to the Plaintiff’s payment on three occasions (on June 30, 2016, KRW 32 million, KRW 50 million on September 30, 2016, KRW 50 million on September 30, 2016, and the balance on December 31, 2016).

(hereinafter referred to as “instant agreement”). [Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the defendant is obligated to pay to the plaintiff KRW 170 million and its delay damages in accordance with the agreement of this case.

On May 3, 2016, the Defendant alleged that he returned 80 million won, which is part of the investment amount, to the Plaintiff on May 3, 2016. However, even according to the aforementioned assertion itself, the Defendant paid on or before May 13, 2016, which is the date of the instant agreement. Therefore, it cannot be deemed that the Defendant paid 8 million won as part of the instant agreement amount.

In addition, the defendant argues that it is nothing more than preparing and delivering a written rejection of payment at an intentional level. However, in light of the language and text of the agreement of this case, it is reasonable to view that the defendant did not merely express his intentional liability but would have paid the agreed amount to the plaintiff finally and conclusively.

Therefore, the defendant's argument is without merit.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 14, 2017 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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