약정금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Judgment on the plaintiff's claim
(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 6, together with the overall purport of the pleadings.
1) On October 14, 2009, the Defendant and C promised to pay KRW 100 million to the Plaintiff, and “the Defendant and C shall pay KRW 100 million in the event of nonperformance of the promise as follows. By November 10, 2009 of the commitment date, the content that each of the above real estate appears to refer to the land D and E and its ground buildings owned by the Defendant’s ASEAN (each of the above real estate appears to refer to the Defendant’s land and E and buildings owned by the Defendant’s ASEAN, as seen in paragraph 2 below; hereinafter “H-dong real estate”) shall be paid KRW 100 million in penalty, which incurred the Plaintiff during the event that the sale of the real estate was not implemented (hereinafter “each of the instant real estate”).
2) On November 16, 2009, the Defendant and C prepared and delivered a notarial deed as to each of the instant documents (hereinafter “instant notarial deed”) to the Plaintiff on November 16, 2009 by a notary public as a law firm F. 3308.
3) On November 16, 2009, the Defendant is a notarial deed with respect to promissory notes issued by a notary public to the Plaintiff on November 16, 2009 with a face value of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000
was prepared and proposed.
B. As the Defendant prepared and delivered to the Plaintiff the instant promissory note No. 1 based on the instant notes, the Defendant is obligated to pay KRW 100 million and delay damages to the Plaintiff, barring any special circumstance.
2. Judgment on the defendant's assertion
A. On March 6, 2008, Defendant G borrowed 400 million won at the interest rate of 30% per annum from the Plaintiff on March 6, 2008 (376 billion won per real loan). Upon delay in the payment of interest on the above loan, G and Defendant in order to secure payment.