약정금
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.
1. Basic facts
A. On March 1, 2011, the Plaintiff entered into a temporary re-lease agreement with the content that the Plaintiff would supply materials to B, and the Defendant and C jointly and severally guaranteed the obligations under the said contract to the Plaintiff.
B. The Plaintiff supplied the temporary materials to B, but failed to receive the temporary materials equivalent to KRW 36,157,30, and did not receive the rent of KRW 30,978,445. As such, the Plaintiff filed a lawsuit seeking the payment of KRW 67,13,78,785 (hereinafter “instant lawsuit”) against B, the Defendant, and C, of KRW 2012-Ga16737, Dec. 6, 2012, seeking the payment of KRW 36,157,30, and the rent of KRW 30,978,445 (hereinafter “instant lawsuit”).
C. On April 25, 2013, while the instant lawsuit was pending, the Plaintiff received KRW 17250,000 from the Defendant, and around the end of April 2013, the Plaintiff and the Defendant made an agreement with the following contents (hereinafter “instant agreement”). On May 9, 2013, the Plaintiff withdrawn the lawsuit against the Defendant.
1. The Defendant shall pay to the Plaintiff KRW 15 million with the repayment amount of the case No. 16737 of Suwon District Court Branch 2012Kadan16737.
2. The Plaintiff is entitled to preferential payment of KRW 15 million out of the amount satisfied by compulsory execution from the deposit money deposited by B (Seoul Central District Court Decision 2011No. 2402, a deposit money deposited by B, and KRW 27 million; hereinafter “instant deposit”).
The remainder of the deposit withdrawn by the plaintiff shall be returned to the defendant, except for the 15 million won from the deposit withdrawn by the plaintiff.
3. In the event that the Plaintiff failed to pay the Plaintiff the amount of KRW 15 million, in accordance with the method set forth in the foregoing paragraph 2, with respect to the case No. 2012Gadan16737 at Suwon District Court Branch, the Defendant shall pay the Plaintiff KRW 15 million.
4. The plaintiff must execute compulsory execution against the defendant by the method of the above 2 and 3.
5. The plaintiff's remaining claims against the defendant shall be waived and the provisional seizure against the defendant shall be cancelled immediately upon receipt of the above KRW 15 million.