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(영문) 서울중앙지방법원 2017.10.19 2017가단5041180
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 124,00,000 and the interest rate of KRW 15% per annum from February 2, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 5, 2015, the Plaintiff entered into a contract with the former lessee E to acquire the right to receive the goodwill (facility) by setting the premium amount of KRW 94 million with respect to D Public Notice Board (hereinafter “Public Notice Board”) of Seocheon-si C Building 701 (hereinafter “instant Public Notice Board”) owned by the Defendant. On November 12, 2015, the Plaintiff entered into a lease agreement with the Defendant’s agent F to set the lease deposit amount of KRW 30 million for the instant Public Notice Board and the lease period of KRW 30 million.

B. The Plaintiff’s month to E

5. and 12.2 times on the 12th day of the same month, respectively, paid KRW 94 million to F, and KRW 30 million on the 12th day of the same month.

C. Accordingly, on November 12, 2015, the day before the date of the second sale, when the Plaintiff received an application for voluntary auction from the Incheon District Court Branch G to support the Incheon District Court and urged the Defendant to take measures, while operating the Public Notice Board, the Defendant drafted a written agreement on compensation for the said premium and rent that the Plaintiff promised to pay the Plaintiff the highest priority to receive the instant Public Notice Board from surplus funds if the instant Public Notice Board is awarded a successful bid. (d) The Defendant drafted an agreement on compensation for the deposit (the “instant indemnity agreement”).

The instant Notification Board was awarded KRW 612,550,00 as the price on October 13, 2016, and the distribution procedure was initiated, and the distribution schedule was formulated that distributes KRW 177,647,979 as the surplus to the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the distribution schedule was prepared to distribute the above surplus to the Defendant, barring any special circumstance, the Defendant shall pay to the Plaintiff the total amount of KRW 124,00,000 in premium and lease deposit (i.e., KRW 94,00,000,000,000,000,000) pursuant to the instant compensation agreement, and the payment order of this case from February 2, 2017, which is obviously the day following the delivery of the original copy of the instant payment order.

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