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(영문) 부산지방법원동부지원 2015.06.05 2014가합1514

약정금

Text

1. Defendant C shall pay to the Plaintiff KRW 190,00,000 as well as 20% per annum from January 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B, on January 30, 2008, entered into an agreement with the Plaintiff on January 30, 2008, that the Plaintiff shall be paid KRW 900 million by December 31, 2008 in the event that the said investment project (hereinafter “instant project”) is smoothly carried out, and the Plaintiff shall be paid KRW 260 million by December 31, 2008 in the event that the investment project is delayed or otherwise is not smoothly carried out. However, the agreement was concluded that the Plaintiff shall be paid interest of KRW 10 million by April 30, 2009.

B. When Defendant B, including principal and interest, was unable to pay KRW 900 million to the Plaintiff by December 31, 2008, Defendant B, pursuant to the above agreement, paid a total of KRW 390 million to the Plaintiff from January 2, 2009 to February 13, 2012, such as paying interest of KRW 2.6 million or paying a partial agreed amount.

C. (1) On July 30, 2012, the Plaintiff filed a lawsuit against Defendant B seeking payment of KRW 725 million out of the agreed amount under the above agreement (Seoul District Court 2012Gahap13760, hereinafter “instant agreed amount lawsuit”).

(2) On November 5, 2012, Defendant C, the wife of Defendant B, drafted an agreement with the Plaintiff on the following (hereinafter “instant agreement”) stating that “it shall pay KRW 190 million to December 31, 2013, and shall pay interest at a rate of 20% per annum to the Plaintiff at the rate of 30% per annum until the date of full payment in the event of the said period.”

(3) On January 8, 2013, Defendant C, on behalf of Defendant B, provided that “Defendant B shall pay to the Plaintiff KRW 360 million by March 31, 2013, and shall pay interest at the rate of 10% per annum (the promise to pay the principal by June 30, 2013) to the Plaintiff at the rate of 360 million per annum until the date of full payment (the promise to pay the principal by June 30, 2013)” (hereinafter referred to as the “instant agreement”).

(4) The Plaintiff prepared and proposed the instant agreement from Defendant C and this.