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(영문) 부산지방법원 2019.01.10 2018가단1557
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 39,677,00 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On May 15, 2010, the Plaintiff purchased 364/807 shares (hereinafter “instant land”) out of 807 square meters of land owned by the said company from D, Inc., in accordance with the Defendant’s proposal, for KRW 38,50,000, and completed the registration of ownership transfer on September 1, 2010, and disbursed KRW 1,177,000 as acquisition tax and registration fee.

B. On May 24, 2010, the Defendant issued a letter of performance stating that “If no development is made after three to four years, it shall be held liable for the purchase cost and other taxes of the instant land.”

3) The Plaintiff prepared and delivered the document to the Plaintiff (the fact that there is no dispute over the grounds for recognition, and the statement in Gap evidence No. 1-5

2. Since there is no dispute between the parties that the development project including the land of this case as the business area has not been implemented until now, the defendant is obligated to pay to the plaintiff the purchase price of this case 38,50,000 won and the acquisition tax and registration fee of 1,177,000 won, including the total of 39,67,000 won, and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 29, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the payment order of this case.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) Each of the instant agreements is not a specific set of the Defendant’s responsibility or the specific time limit, and the amount of damages was not specified. As such, the Defendant did not have a duty to pay under each of the instant agreements. The Defendant was an employee of D Co., Ltd., and the said company received the purchase price from the Plaintiff as the purchaser, and thus, the person implementing the instant agreements is not the Defendant, but D Co., Ltd.

3) Each of the instant letters constitutes an unfair legal act and thus becomes null and void pursuant to Article 104 of the Civil Act. 4) The Plaintiff had already completed the instant letter at the time of its preparation.

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