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(영문) 서울중앙지방법원 2020.06.25 2019가합523442
분양대금반환
Text

The Defendant’s KRW 397,460,000 and KRW 300,00,000 among the Plaintiff, respectively, shall be 5% per annum from January 26, 2017 to March 6, 2019.

Reasons

A. The Defendant paid KRW 25 million to the Plaintiff on December 24, 2008, and KRW 47 million on March 3, 2009.

The defendant, on November 18, 2013, added to the plaintiff.

In relation to the deposit money for sale in lots and its delay damages, the loan amount of KRW 400 million and the loan certificate of June 30, 2014 (hereinafter “the loan certificate of this case”) with the following contents as of June 30, 2014 were prepared.

(j) No certificate of gold for use;

1. Daily gold: Maximum ingot (400,000,000 won); and

2. The next person: B (Defendant);

3. The due date for payment: (Kdong parcelling-out agency, commercial building sales right) the principal received the money of KRW 100 million from June 7, 2008 as a sale deposit and fails to pay the above amount as of November 5, 2013, and the sum of interest at least 1% of the monthly interest will be recognized as KRW 00 million out of KRW 7, 2013 until June 7, 2013 and will not be paid until June 30, 2014, and thereafter there will be no civil or criminal objection at the time of implementation.

On November 18, 2013: B (Defendant’s Signature) resident registration number: (Omission) address: (Omission) He/she intends to repay his/her obligation in accordance with the repayment plan.

(Omission): Resident registration number B (Defendant): For use in (Omission)

1. By February 17, 2015, Seoul shall refund the remainder received from Seoul Metropolitan Government L by the daily amount of KRW 0,000,000.

2. To pay 100-1.5 million won per month for six months until July 2015.

3. Ascertainment that the amount paid up to now has been paid as interest.

(The remaining amount of KRW 400 million)

4. Delegation a document of appeal to the case of winning the Kdong project site to FAX A (Plaintiff).

(all of the winnings)

5. In the event of paragraphs 1 to 4 above, I will be subject to any civil or criminal punishment.

On January 22, 2015, the Defendant, on January 22, 2015, drafted a re-written confirmation of the following contents (hereinafter “instant confirmation”) to the Plaintiff on January 22, 2015:

The Defendant paid KRW 2,540,000 to the Plaintiff on September 9, 2016, KRW 900,000 on November 18, 2016, and KRW 990,00 on January 25, 2017.

[Judgment of the court below] The evidence Nos. 1 through 3 can be obtained.

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