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(영문) 대구지방법원 2015.01.30 2014나11220
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On February 28, 2013, Defendant B purchased KRW 65,000,000 as premium at KRW 65,000 from the Plaintiff’s Seocho-si D (hereinafter “instant restaurant”) and agreed to pay KRW 2,00,000,000 from the intermediate payment to the Plaintiff on February 4, 2013, when concluding a contract, the intermediate payment of KRW 2,00,000,000,000, out of the remainder of KRW 60,000,000,000, as of February 28, 2013, the remainder of KRW 15,00,000,000, as of December 31, 2013.

(hereinafter “instant contract”). (b)

After the instant contract, on February 28, 2013, the Plaintiff and the Defendants agreed to pay the remainder of KRW 15 million under the instant contract to be paid by December 31, 2013, with the due date reduced to KRW 10 million,000,000,000 for four months, and the Defendants agreed to pay the remainder of the instant contract. The Defendants, “Defendant B shall pay KRW 10,000,000 to the Plaintiff until August 31, 2013, and Defendant C shall jointly and severally and severally guarantee Defendant B’s obligation.”

(hereinafter “instant modified contract”). C.

The Defendants received and operated the instant restaurant from the Plaintiff, and paid the Plaintiff the sum of KRW 50 million to the down payment, intermediate payment, and remainder pursuant to the instant contract, but did not pay the remainder KRW 10 million.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 3, 4, and 7, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, according to the instant modified contract, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 10 million and 5% per annum as prescribed by the Civil Act from September 1, 2013 to January 24, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Judgment as to the defendants' grounds for rescission

A. According to the terms and conditions of the contract of this case asserted by the Defendants, the Plaintiff supplied the Defendants with inland water created by the Plaintiff.

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