(영문) 의정부지방법원고양지원 2014.12.11 2014가단33089

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(영문) 의정부지방법원고양지원 2014.12.11 2014가단33089

약정금

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1. The Defendant’s KRW 99,400,000 as well as annual 5% from March 3, 2005 to August 28, 2014 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The defendant is the defendant on October 18, 2003, and Soyang-gu C (hereinafter "C") with the plaintiff on October 18, 2003.

(C) Nos. 1 to 493,300,000 (excluding value-added tax) and C non-02 (hereinafter “instant real estate”). Each of the said real estate sold by the Defendant is “instant real estate”

(2) On October 30, 2004, the Defendant: (a) purchased the instant real estate at KRW 28,800,000 (excluding value-added tax); (b) paid the sale price by February 25, 2004; and (c) concluded a sales contract with the purport that the Defendant shall pay the Plaintiff the payment of the intermediate payment or remainder by adding the late payment charge applying the interest rate of 18% per annum to the Plaintiff. (b) Around October 30, 2004, the Defendant received the registration of ownership transfer on the instant real estate; and (c) prepared a “written statement of performance in cash custody” that promises to pay the sale price and the remainder of the sales price to the Plaintiff on March 2, 2005, but did not pay KRW 76,00,000 among the sale price and the additional tax to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-2, Gap evidence 2-1, Gap evidence 2-2, Gap evidence, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 9,40,00 won in total and added taxes (76,000,000 won) and to pay 5% per annum from March 3, 2005 to August 28, 2014, which is the delivery date of the application for the payment order of this case, and 20% per annum from the next day to the day of full payment, as claimed by the plaintiff.

2. Judgment on the defendant's assertion

A. The plaintiff alleged that "to have the defendant take responsibility for and sell small and medium-sized boats of this case, to have the rental deposit of KRW 100,000,000, and monthly rent of KRW 6,000,000," and sold the real estate of this case to the defendant. The plaintiff was unable to lease the real estate of this case, thereby causing property and mental damage to the defendant.

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