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(영문) 대전지방법원논산지원 2017.06.01 2016가단21943
약정금
Text

1. The Defendant: KRW 75,00,000 for each of the Plaintiffs and 5% per annum from October 1, 2016 to October 20, 2016; and

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of D (the deceased on May 11, 2005, hereinafter "the deceased") and E, and the plaintiffs are female students of the defendant.

B. On December 19, 2013, the Defendant drafted two copies (A evidence 7-1, 2, hereinafter “each of the instant letters”) of the following contents to the Plaintiffs.

In each letter C, each of which consists of two years from the completion of the two-year period for solar heat generation (as of August to September 2014) and two years from the completion of the two-year period (as of August 2014), C, each of which consists of two years from August to September 2016, each of which consists of two years from the completion of the two-year period for solar heat generation (as of August to September 2014) and two years from the completion of the two-year period for solar heat generation, each of which consists of two years from August to September 2016 (as of August to September 2014, each of which is without dispute, C [based on recognition], each of which consists of two years from the completion of the two-year period for solar heat generation, evidence A 1 through 3,

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiffs the amount of KRW 75 million of each contract and the damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from October 1, 2016 to October 20, 2016, which is clear that it is the delivery date of a copy of the complaint of this case from October 1, 2016 to the day following the due date due to each of the written statements of this case.

(Plaintiffs claim damages for delay calculated at the rate of 15% per annum from October 1, 2016 to the delivery date of a copy of the complaint in this case, with respect to the above KRW 75 million. However, the Plaintiff’s claim for damages for delay in this part is dismissed as it is without merit.)

A. The gist of the assertion: (a) The Defendant concluded a supply and demand contract with Korea, which had to be entered into on July 7, 2015, following the late completion of the solar power generator; and (b) the period during which each of the instant contracts was due was not due.

② The Deceased had a title trust of G land before the birth to F, and each of the instant contracts was prepared in preparation for cases where it is impossible to transfer the said land to the Plaintiffs on the premise that the transfer would not be possible.

However, the mother-friendly E.

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