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(영문) 창원지방법원 2019.01.11 2017나61000
약정금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and KRW 60,000,000.

Reasons

1. Facts of recognition;

A. On April 2012, the Plaintiff entered into a contract with Defendant C, a construction business operator, to newly construct electric housing (hereinafter “the instant construction contract”) on the instant land (hereinafter “instant land”). On April 3, 2012, the Plaintiff paid to Defendant C KRW 20 million in total and KRW 40 million in April 5, 2012.

B. Since then, Defendant C demanded the cancellation of the instant construction contract and demanded the return of the paid down payment, on April 26, 2012, Defendant C prepared and delivered a cash storage certificate (hereinafter “the cash storage certificate of this case”) with the following contents to the Plaintiff.

Cash Storage Certificate: Defendant C (Signature) who borrowed on April 26, 2012, kept in full the sum of 60,000,000 won (Won 60,000)

C. On the other hand, around February 2012, Defendant C performed construction works by entering into a subcontract for building construction works on three lots, JJ and three lots, both of which are the Plaintiff’s South East East-dong.

On October 30, 2012, Defendant C prepared and delivered to the Plaintiff a letter of payment (hereinafter “instant letter of payment”) with respect to the return of the said down payment amounting to KRW 60 million as follows.

The daily payment note: (a) the sum of the sum 60 million won (Won 60,000,000) shall be paid directly by E to the Plaintiff from the balance payable to E; and (b) the Defendant C shall preferentially pay the remainder to the Plaintiff.

Provided, That the interest shall be paid by December 30 and shall be paid by the day.

The payment of interest after December 30, 2012 shall be made in three copies.

E. On the other hand, on November 18, 2013, the Plaintiff entered into a contract with Defendant B to sell 53 square meters of the instant land and F 53 square meters of the purchase price of KRW 65 million (hereinafter “instant contract”). On November 18, 2014, Defendant B entered into and issued a written confirmation (hereinafter “instant confirmation”).

The lot number of confirmation: E-this building owner and construction business operator are the defendant C.

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