(영문) 울산지방법원 2015.07.01 2014가합5094

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(영문) 울산지방법원 2015.07.01 2014가합5094

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On July 17, 2008, the Defendant concluded a contract for selling E and F land (hereinafter “instant real estate”) in the Plaintiff’s brokerage for KRW 1.79 billion (hereinafter “instant sales contract”).

The down payment of the instant sales contract was paid KRW 179 million on the date of the conclusion of the instant sales contract, and the intermediate payment of KRW 400 million was due on October 17, 2008, and the said C Co., Ltd (hereinafter “C”) succeeded to the Defendant’s obligation to pay the Defendant’s loan to the Gyeongnam Bank on the instant real estate at the remainder payment date, but the said obligation was paid by C until the remainder payment date, and the interest on the said loan was determined as KRW 1.21 billion on December 17, 2008.

On July 12, 2008, in relation to the brokerage of the instant sales contract, the Defendant prepared and delivered three copies of each payment note (hereinafter “each payment note of this case”) to the Plaintiff as follows:

(The bottom of each letter of payment in this case shall be deemed to be the part on which the hand is written). The part on which the bottom of each letter of payment in this case is written: The name of the Nam-gu G in Ulsan-si: The amount of payment in the name of the Nam-gu G: The amount of payment in the name of the Nam-gu in U.S. shall be KRW 2,000,000,000 won for the payment in this case, and the above amount shall be paid by July 17, 2008.

The amount of each letter of payment is recognized as the royalty on July 12, 2008 and is agreed to pay the royalty by July 17, 2008, but in order to ensure that the payment is not made on the payment date, it is made and signed and sealed by drawing up each letter of payment. If the payment is not made on the above date, it is written in one form under a plan that the payment will not be made on a planned basis from the time of drawing up each letter, and there is no objection to the civil criminal punishment.

on July 12, 2008, letter B (person) A, respectively, shall not be due.

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