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(영문) 서울동부지방법원 2021.01.12 2020가단113281
약정금
Text

Defendant B shall pay 95,00,000 won to the Plaintiff and 12% per annum from August 12, 2020 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of evidence Nos. 1 through 6, the Plaintiff purchased the Plaintiff’s purchase price of KRW 95,00,000,000 from D Company around September 10, 2005, which is a house scheduled to be removed from D Company, in order to invest in the redevelopment project that is being promoted by the Defendants. After that, Defendant B prepared a written confirmation (Evidence No. 5,000,000, the Plaintiff’s loss amount of KRW 95,000,000 to the Plaintiff, and Defendant C prepared a written confirmation that he would be liable for the transfer income tax on the instant real estate on April 9, 2010 (Evidence No. 4), and the Plaintiff paid KRW 10,032,103,00 upon the transfer of the said real estate on April 30, 2013.

According to the above facts of recognition, Defendant B is obligated to pay damages for delay calculated at the rate of 12% per annum from August 12, 2020 to the day of full payment after the copy of the complaint of this case was served on Defendant B, and from August 12, 2020 to the day of full payment. Defendant C is jointly and severally liable with Defendant B to pay damages for delay calculated at the rate of 12% per annum from the amount of transfer income tax, which is part of the Plaintiff’s losses, to the day of full payment. Defendant C is jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum from July 8, 2020 to the day of full payment after the copy of the complaint of this case was served on Defendant C.

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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