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(영문) 의정부지방법원 2016.11.22 2015가단123795
약정금
Text

1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 5% per annum from November 3, 2015 to December 4, 2015.

Reasons

1. Facts of recognition;

A. From July 22, 2009 to 102 of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “D”) operated a store operating real estate brokerage business (hereinafter “instant store”). On July 26, 2015, the Plaintiff entered into a premium agreement (hereinafter “instant premium agreement”) with the Defendant to pay the remainder when the instant building was reconstructed and completed (hereinafter “instant building”).

B. The Defendant paid the Plaintiff KRW 1,00,000 on July 26, 2015, the date of the instant premium contract, and KRW 2,000,000 on July 27, 2015, and did not pay any balance until then pursuant to the instant premium contract.

C. The Defendant takes over the instant store from the Plaintiff and runs a brokerage business with the name “D” from October 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 3, purport of whole pleadings

2. Determination as to the cause of the claim and the defendant's assertion

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30,000,000 according to the premium contract of this case and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from November 3, 2015 to December 4, 2015, the delivery date of a copy of the complaint, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

B. Determination 1 on the Defendant’s assertion 1) Determination on the Defendant’s assertion on the grounds of non-performance of obligation is based on the fact that the Plaintiff’s assertion was in arrears for several months prior to the conclusion of the instant premium contract, and the instant lease contract for the instant store was terminated.

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