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Reasons
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(영문) 대구지방법원영덕지원 2017.05.16 2016가단2166
약정금
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1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from April 26, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On September 4, 2007, the Plaintiff and C entered into a sales contract with the Defendant, etc. to purchase each share of the Defendant, etc. at KRW 548,484,80,00, out of KRW 56,563 square meters (in the case of a subdivision of H and I, the size is 45,01 square meters as of the date of the closing of the instant argument; hereinafter “instant land”).

B. On the same day, the Plaintiff and C prepared a written agreement with the Defendant, etc. to the effect that “the four graves on the ground of the instant land shall be transferred jointly and severally by the Defendant, etc., but the funeral shall be one year from the date of the preparation of the written agreement, and the expenses for a funeral of the grave shall be four million won, and if the content of the agreement is not observed, the Plaintiff and C shall proceed with legal procedures and shall not raise an objection.”

C. The defendant et al. did not move to a grave under the above agreement, and the plaintiff filed a complaint against the defendant et al. for fraud.

On May 23, 2012, the Defendant drafted and implemented a written agreement and a written withdrawal of complaint (hereinafter “instant agreement”) to the Plaintiff, stating that “the Defendant shall pay the Plaintiff, and KRW 20 million,00,000,000,000,000 received from the Plaintiff, to March 31, 2013, and KRW 30,000,00,000 until March 31, 2014, and the Plaintiff shall withdraw the said complaint,” and the written agreement in this case stated to the effect that J shall jointly and severally guarantee the Defendant’s obligation.

E. The Plaintiff filed a lawsuit against the Young-gu District Court Young-gu District Court for the payment of the said KRW 50 million joint and several surety claim.

(2014No. 1107). On October 28, 2014, the above court rendered a ruling dismissing the plaintiff's claim on the grounds that there is no evidence to prove that J granted the power of representation to the defendant.

F. The Plaintiff appealed to the Daegu District Court as dissatisfied with the above judgment.

(2014Na20088). The Court of Justice on June 11, 2015.

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