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(영문) 수원지방법원 2020.07.17 2018나92356
약정금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the share of 62.82/513 (hereinafter “each of the instant lands”) among the share of 382m2 and 513m2, prior to the wife population D and E-road 513m2.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the sale and agency business of the entire housing complex, and Defendant C is the representative director of the Defendant Company.

C. On August 7, 2017, the Plaintiff concluded a sales contract to sell each of the instant land in KRW 242,220,000 (hereinafter “instant sales contract”). D.

On September 12, 2017, the Plaintiff and the Defendant Company drafted a written agreement with the following contents (hereinafter “instant agreement”) in order to prevent future disputes in relation to the case of application for ownership transfer registration, which was received by Suwon District Court's Registration Office as of September 7, 2017 according to the instant contract, and Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the instant agreement.

In relation to the instant dispute, the Defendant Company shall pay to the Plaintiff KRW 12 million (three times each month from October 12, 2017 to KRW 4 million).

According to the above payment agreement, the ownership transfer registration case is scheduled, and the dispute between the plaintiff and the defendant company is deemed to have been agreed on the construction cost of the new building on the ground D with the population of the wife.

However, if the defendant company delays the above performance at one time, the plaintiff can immediately commence the legal procedure for the unpaid principal and interest for delay (25% per annum) from the following day.

[Voting] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant company is the debtor, and the defendant C is a joint and several surety and is liable to pay the agreed amount in accordance with the agreement of this case, and there is no dispute between the parties that the defendants failed to implement the agreement until now. Thus, barring special circumstances.

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