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(영문) 서울중앙지방법원 2015.07.16 2014가합62423
약정금
Text

1. The defendant shall pay 180,000,000 won to the plaintiff and 20% per annum from March 27, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. A. Around September 199, the Plaintiff leased the temporary materials used for the construction work to C and had C claim for rent for C. In order to secure security for the said claim, the Plaintiff purchased from D on Nov. 9, 199 the G loan No. 201 (hereinafter “instant partitioned building”) newly constructed in Gwangju City E and F from Gwangju City to 280 million won, and entered into a sales contract with the content that the difference between the sale price and the above rent claim will be settled later.

B. On March 3, 2004, D entered into a sales contract to sell the instant partitioned building to H 300 million won, and on September 24, 2004, D completed registration of preservation of ownership on the instant partitioned building.

C. On July 2005, the Plaintiff filed a criminal complaint (hereinafter “instant complaint”) against D on the charge of breach of trust stating that “D, around November 9, 199, sold the instant partitioned building to the Plaintiff at KRW 280 million, in violation of its duties, it sold the instant partitioned building to H on March 3, 2004.”

H completed the registration of ownership transfer on September 26, 2005 with respect to the partitioned building of this case due to sale.

E. On January 12, 2006, the Defendant prepared and delivered to the Plaintiff a letter with the following contents (hereinafter “instant letter”).

The defendant, as the actual actor of the Gwangju Police Station (the complainant, the plaintiff, the defendant) on July 2005, presented the following methods of payment on the condition that the plaintiff withdraws the complaint of this case for the purpose of smooth resolution, and has all civil and criminal responsibilities incurred later through the notarial act in order to promote the implementation of this content in good faith:

A. L. L. L.I.

1. The amount of claims pursuant to the obligation shall be 180 million won or less;

2. The amount of credit secured by the Defendant’s exercise of the right of retention at the auction of the Gyeonggi-do and the F apartment housing located in the Suwon District Court, which received the above amount from the Defendant in the repayment of the above amount.

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