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(영문) 창원지방법원진주지원 2017.05.25 2016가합11229
약정금
Text

1. The part of the Defendant (Counterclaim Plaintiff)’s claim for the confirmation of existence of the obligation out of the instant counterclaim is dismissed.

2...

Reasons

1. Basic facts

A. On May 30, 2013, the Defendants entered into a sales contract with 625.2 square meters and its ground (hereinafter “the instant building”) with respect to the purchase price of KRW 4.5 billion (hereinafter “the instant sales contract”), and agreed to pay KRW 200 million for the remainder within two months from the date of the contract, and KRW 210 million out of the remainder within seven months from the date of the contract; the remainder shall be paid for each of the remainder within three billion from the date of the contract; the remainder shall be paid for the remainder of KRW 3.4 billion and the remainder of KRW 4.5 billion and the remainder of KRW 4.5 billion with respect to the foregoing site and building; and the remainder of KRW 4.5 billion with respect to the repayment obligation of KRW 2.5 billion with respect to the remainder of KRW 200 million in the intermediate payment of KRW 1.5 billion (i.e., KRW 200 million).

B. The Plaintiff: (a) leased six floors among the instant buildings from E before the instant sales contract was concluded; (b) concluded the said sales contract and agreed to pay KRW 1.2 million each month from June 30, 2014 to August 31, 2013, for the Defendants succeeded to the obligation to refund the lease deposit amount equivalent to KRW 150 million to the Plaintiff; and (c) returned the lease deposit money to the Plaintiff by May 30, 2014; and (d) as a consideration for the immediate refund of the lease deposit, the Defendants paid KRW 1.2 million each month from June 1, 2013 to August 31, 2013, and from the following date to May 30, 2014.

C. On August 14, 2014, while the Plaintiff was unable to refund the lease deposit from the Defendants, the Plaintiff leased the amount of KRW 100 million to Defendant C by setting the payment period of KRW 25% on August 14, 2015 and interest rate of KRW 25% on the condition that Defendant C fully pays KRW 100 million by the due date, and Defendant C is exempt from interest, and Defendant B’s joint and several guarantee of Defendant C’s above obligation.

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