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(영문) 서울북부지방법원 2016.01.08 2015가단121277
약정금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 27,713,937 as well as 5% per annum from September 24, 2015 to January 8, 2016.

Reasons

1. Basic facts

A. On November 8, 2014, the Plaintiff entered into a contract with Defendant B to evaluate and exchange the second floor of the building D, Seo-gu Incheon, Incheon, owned by the Plaintiff (hereinafter “instant public notice telecom”) and the land of Gyeonggi-gun E and Gyeonggi-gu, Gyeonggi-do, and the F land of Gyeonggi-do, which are owned by the Defendant B as KRW 400 million.

(hereinafter “instant exchange contract”) and Defendant C promised to jointly assume the obligation under the instant exchange contract.

B. Under the instant exchange agreement, Defendant B succeeded to KRW 1,54,00,000 of the instant public-private partnership agreement as of November 15, 2014; however, the change of name was deferred by no later than May 6, 2015. If the name was not changed within the said period, the interest was paid for delay calculated at the rate of 0.3% per month (3.6% per annum) with respect to the loan from the date when the name was changed within the said period. The loan KRW 30 million with respect to the said land was to be cancelled within three months after the registration.

C. However, Defendant B, instead of the above F land, agreed to pay KRW 150 million to the Plaintiff, as it is impossible to develop the said F land as a consequence of its franchise.

According to the instant exchange contract, the Plaintiff completed the registration of transfer of ownership under the name of Defendant C with respect to the instant public notice telecom, and Defendant B with respect to the said land on November 14, 2014, respectively, on November 13, 2014.

E. However, Defendant B did not pay KRW 150 million on behalf of the said F land, and did not change the name of the instant public notice telecom by October 31, 2015.

On November 6, 2015, the right to collateral security with the above loan as the preserved bond was cancelled.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff of the first summary of the claim on the ground of delay in the change in the name of the loans with respect to the instant notice telecom, is obligated to pay KRW 150 million according to the instant exchange contract.

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