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(영문) 대구지방법원서부지원 2017.05.12 2016가합52129
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 356,00,000 and the interest rate of KRW 15% per annum from February 19, 2016 to the date of full payment.

Reasons

1. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff concluded a construction contract with the Defendant on October 27, 2010 on the low temperature storage and new construction works on the ground C at permanent residence with the Defendant, and the Plaintiff agreed to criminal conciliation with the effect that “the Plaintiff shall pay the Plaintiff KRW 356 million to the Plaintiff by October 31, 2012,” arguing that the Defendant did not pay the construction cost, provided that the Defendant supplied the temporary materials, and received KRW 20 million from the Plaintiff, but did not supply the temporary materials at all, filed a criminal complaint with the Defendant under Form No. 2322 in the Daegu District Prosecutors’ Office-dong Branch Office No. 2012, the Defendant filed a criminal complaint with the Defendant on September 20, 2012, and that “the Plaintiff and the Defendant shall pay the Plaintiff KRW 356 million by October 31, 2012.”

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the above contract amount of KRW 356 million and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 19, 2016 to the date of full payment, which is obviously a day following the delivery of the original copy of the payment order (Seoul Central District Court 2016 tea1796) of this case sought by the plaintiff after the above payment date.

2. First of all, the defendant's argument regarding the defendant's argument is that the plaintiff paid in kind the steel bars and materials rent, and according to each of the evidence Nos. 3 (including the paper number), the defendant can be acknowledged as having entered into a contract with the business operator who is obligated to pay the rent for the steel and materials in lieu of the payment of the rent for the steel bars and materials. However, according to the whole purport of the statement and pleading Nos. 4 and 5, the defendant could not complete the registration of ownership transfer of the real estate that he/she decided to pay in kind to the above business operator.

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