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(영문) 대전지방법원 2017.09.28 2016가합2615
약정금
Text

1. The Defendant: (a) KRW 350 million to the Plaintiff; and (b) 5% per annum from September 15, 2017 to September 28, 2017 to the Plaintiff.

Reasons

On March 26, 2015, C (the representative director at the time, the Plaintiff; hereinafter “Nonindicted Company”) sold the land for factory, such as the petition district D, and its ground buildings to the Defendant at KRW 1.6 billion. According to the special agreement at the time, the Defendant agreed to pay KRW 350 million invested in the Plaintiff at the time of deposit of the facility funds.

E (at the time the representative director of the debtor) visited the Korea Technology Finance Corporation's main office on March 2016 and carried out considerable amount of loans, but did not proceed to the actual application for loans.

The debtor has not applied for the loan of facility funds until the date of closing argument.

[Based on recognition] In the absence of dispute, each entry of Gap evidence 1 and 2, and in the juristic act to which the decision-making panel on the cause of the claim as a whole of the pleadings attached, it shall be deemed as a condition if it is reasonable to deem that the claimant will not perform his/her obligation unless the facts indicated by the panel have occurred. If it is reasonable to deem that the claimant should perform his/her obligation even if not only the facts indicated but also the objection has become final and conclusive, it shall be deemed as determining the existence of the indicated fact as an indefinite time limit. The time limit shall expire when the facts have occurred or it has

(2) The Defendant appears to have paid KRW 350 million to the Plaintiff, which is equivalent to the funds invested by the Plaintiff in the process of purchasing real estate from the non-party company that invested the funds from the non-party company that made the Plaintiff. In light of the above facts, the Defendant appears to have paid KRW 350 million to the Plaintiff, which is equivalent to the funds invested by the Plaintiff in the non-party company.

The defendant shall pay the above money at the time of the deposit of facility fund, and so long as the above money has the nature of the sale price, it is difficult to view that the defendant is not obliged to pay the facility fund unless it is given a loan.

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