logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2021.01.19 2019가단21101
약정금
Text

1. Defendant B shall pay 50,000,000 won to the Plaintiff and 12% per annum from September 25, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 2014, the Plaintiff and Defendant B agreed to develop and transfer to the Plaintiff the land of this case, which was 698 square meters before Defendant B, Dong Young-si, Dong Young-si (hereinafter “instant land”).

Accordingly, the Plaintiff transferred KRW 30 million to Defendant B on February 20, 2014, and completed the registration of the right to request the transfer of ownership on the instant land on the same day.

B. Nevertheless, on July 17, 2015, Defendant B did not transfer the ownership of the instant land to the Plaintiff. On the part of the Plaintiff, Defendant C prepared a written confirmation stating that “When the Plaintiff first cancelled the said provisional registration, Defendant C obtained a loan of the instant land as collateral and repaid the said secured claim KRW 35 million to the Plaintiff, and if the said secured claim is not repaid, Defendant C will restore the said provisional registration to its original state before the cancellation.”

(c)

On July 23, 2015, the Plaintiff cancelled the registration of the right to claim the transfer of ownership on July 23, 2015. Nevertheless, if Defendant B and Defendant C did not pay KRW 35 million to the Plaintiff, the Plaintiff completed the registration of the right to claim the transfer of ownership on July 19, 2016 with the term “self-Agreement on July 23, 2015” as the ground for registration.

(d)

After that, around May 2017, Defendant B promised to the Plaintiff that “If the Plaintiff’s right to claim for the transfer of the above second ownership is cancelled, Defendant B would pay KRW 30 million and interest KRW 50 million paid to Defendant B, KRW 50 million and KRW 50 million in total,” Defendant B drafted a certificate of borrowed amount of KRW 50 million and KRW 50 million.

Accordingly, the plaintiff cancelled the second provisional registration on June 9, 2017.

E. Nevertheless, Defendant B did not pay KRW 50 million to the Plaintiff. The Plaintiff filed a complaint with Defendant B at the Changwon District Prosecutors’ Office, and Defendant B at the Changwon District Court on January 15, 2020.

arrow