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(영문) 서울중앙지방법원 2016.11.21 2016가단5019193 (1)
약정금
Text

1. Defendant B shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 15% per annum from June 9, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) filed an express lawsuit against the Plaintiff, etc. against the Seoul Northern District Court 2013Gahap22151 (hereinafter “instant building”) against the Seoul Northern District Court, thereby rendering a judgment in favor of all of the instant lawsuit on October 22, 2014, and the said judgment became final and conclusive around that time.

B. In relation to the instant prior suit, around October 2014, Defendant B prepared and delivered a letter of agreement (hereinafter referred to as “instant letter of agreement”) with the Plaintiff as the representative of Defendant International Asset Trust, and indicated “Plaintiff International Asset Trust Co., Ltd.” in the instant letter of agreement, which was printed on the lower end of the instant letter of agreement. However, in light of the fact that the Plaintiff of the instant prior suit was the Defendant International Asset Trust, it appears to be a simple clerical error.

The name next to the name of the above defendant is not affixed with the seal of the corporate seal of the above defendant, and the signature and seal of the defendant B are written.

With respect to the case of the Seoul Northern District Court 2013Gahap22151 case, the defendant International Asset Trust and the plaintiff shall smoothly agree on the following terms, and the lawsuit shall be withdrawn and consented thereto.

C. The Plaintiff, who has the lien under Article 1, waives the lien on the instant building.

Article 2 The Plaintiff shall deliver the instant building to the Defendant International Asset Trust by December 2014.

Article 3 The Defendant International Asset Trust shall pay the Plaintiff the construction cost of KRW 80 million to the Plaintiff by October 2014.

(Deposit Account shall be F. If the construction cost is not paid until the above date, Articles 1 and 2 shall be null and void, while the Plaintiff shall pay the international asset trust with the amount of construction cost and the lien holder.

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