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Reasons
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(영문) 춘천지방법원강릉지원 2015.10.14 2015가단4760
약정금
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1. The Defendants jointly pay to the Plaintiff KRW 25,00,000 and the interest rate thereon from June 17, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 2015, the Plaintiff entered into a joint development agreement with Defendant C to develop each real estate listed in the separate sheet owned by D (hereinafter “instant real estate”).

B. Around March 24, 2015, the Plaintiff and Defendant C entered into a sales contract with D, stating that “The instant real estate shall be purchased at KRW 250 million from D, and the down payment shall be paid KRW 25 million on the date of the contract, and the remainder of KRW 225 million on March 31, 2015” (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the down payment amount of KRW 25 million to D.

C. At the time, Defendant C, including the said down payment of KRW 12,50,000,000, was to bear KRW 125,000,000,000, out of the sales amount stipulated in the instant sales contract. In short, Defendant C agreed to pay the Plaintiff penalty of KRW 25,00,000 (hereinafter “instant agreement”).

However, Defendant C failed to perform its duty to pay KRW 125 million according to the instant agreement, such as failure to pay to the Plaintiff the said down payment of KRW 12.5 million among the down payment.

E. Meanwhile, on March 31, 2015, Defendant B’s written confirmation to the effect that “in the event that the instant real estate contract was not performed by April 2, 2015, Defendant B would pay a penalty of KRW 25 million under the instant agreement on behalf of Defendant C” to the Plaintiff on March 31, 2015.

(B) A. 1 to 3, 7, and 9 (including virtual numbers, and the purport of the entire pleadings) did not comply with the instant real estate contract. [Grounds for recognition] without dispute, and the purport of Gap’s evidence No. 1 to 3, 7, and 9

2. Determination

A. According to the above facts of recognition, Defendant C is obligated to pay the Plaintiff penalty of KRW 25 million as stipulated in the instant agreement.

In addition, as set forth in the letter of confirmation of this case, Defendant B also paid the above penalty.

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