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(영문) 광주지방법원목포지원 2019.10.02 2018가단55747
약정금
Text

1. On January 31, 2024, the part demanding payment of KRW 50,00,000 shall be dismissed.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 9/20 shares among the building of 337.2m2m2 and its ground (hereinafter “instant real estate”), and the Defendant’s husband D owned 11/20 shares among the said real estate.

B. On January 15, 2014, the Plaintiff included the Plaintiff’s share out of 150 square meters in the Sinpo E E parking lot, in addition to the instant real estate, as the subject matter of sale, including the instant real estate.

B sold KRW 450,200,000. In the process, the Defendant’s name prepared a monetary payment agreement stating that “The Plaintiff shall pay KRW 100,000 to compensate the Plaintiff for the Plaintiff’s loss incurred in selling the instant real estate, etc., separate from the trading amount indicated in the said sales contract, on the same day, the said agreement shall be concluded to pay KRW 50,000 to the Plaintiff until January 31, 2019, and KRW 50,000,000,000 to the remainder until January 31, 2024.”

(2) The Defendant submitted a false complaint to the effect that the Plaintiff had forged and exercised the instant agreement, and was sentenced to a suspended sentence for six months on October 4, 2018.

(Magju District Court 2017Hun-Ma934). The Defendant appealed against this, but the judgment dismissing the appeal was rendered on July 4, 2017 (Magju District Court 2018No2991), and is still pending in the final appeal.

(2019Do10399) c.

On the other hand, the Plaintiff brought a lawsuit against the Defendant seeking the return of unjust enrichment on June 16, 2015, and the Defendant filed a counterclaim against the Plaintiff seeking the payment of the settlement amount under the same business agreement on December 29, 2015.

[Plaintiff’s claim for the main lawsuit is dismissed on August 9, 2017. As to Defendant’s counterclaim claim, “Plaintiff” means KRW 67,667,464 per annum from January 5, 2016 to August 9, 2017, and the following:

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