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(영문) 수원지방법원 2018.12.12 2018나54545
약정금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) adding or adding part of the plaintiff's conjunctive claim as stated in the following "2." and (b) adding the following "3. Additional Determination" to the plaintiff's conjunctive claim, and therefore, (c) admitting it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “ October 11, 2013,” written in Chapter 5 of the first instance court’s decision No. 4, 5 as “ October 10, 2013,” respectively.

In Part 4, "amount: 17 billion won" is added later (the statement "" appears to be a clerical error).

Part 4, "100% payment" in Part 21 is regarded as "additional payment by 100%".

The name of the co-defendant C of the first instance trial is added to the name of June 1, 2014, following the 5th page “B around June 2014.”

After the 5th page 20, “On the other hand, the permission for development of part of the instant land was granted on or around January 2015,” and “On the other hand,” is added.

Part VI, the phrase “(s) 9, 14, and 12-5, 8, 11, and 13 of evidence A 12-5, 8, 11, and 13” is added to the phrase “based on recognition.”

Part 9, 14 to 17, 3-

(a) 4 'paragraph 4' shall be dried up as follows:

4 As seen earlier, the specific content of the instant agreement shall be paid 10 million won after six months from the date of delivery or 12 months after the date of payment of the principal, and 50,000,000 won in negligence equivalent to 50% of the principal in return for payment of the principal in the event payment is made after six months, and 100,000 won in negligence equivalent to 10% of the principal in the event payment is made after twelve months.

“.” As such, it is reasonable to interpret the agreement to pay the leased principal of KRW 100 million up to October 3, 2014, which is one year after the delivery date, and to pay the agreed interest calculated at the rate of 10% per annum only for one year up to the due date. Furthermore, it is reasonable to interpret the agreement to pay the agreed interest at the rate of 10% per annum.

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