위약금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
1. Demand for principal lawsuit:
A. The Defendants asserted as to Defendant B and 8 (A) jointly and severally agreed to pay to the Plaintiff KRW 805,00,000 to the Plaintiff by January 20, 2016 (Article 2014Gahap12030), and Defendant B and 8 (Article 2014Dahap12030) did not pay the said money. Therefore, the Defendants are obligated to pay the Plaintiff penalty of KRW 100,000 pursuant to the conciliation clause and Article 22(1) and (5) of the conciliation protocol [Attachment 2] 10,00.
B) As Defendant KK Co., Ltd. (hereinafter “Defendant Company”) did not pay KRW 805,00,00 by January 20, 2016, Defendant KK Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with KRW 805,00,00,00, it did not recognize that the right of retention for unsold loan should be granted to the Plaintiff pursuant to Article 3-1 of the above mediation clause, and [Attachment 1] (5) and [Attachment 2] (5) and [Attachment 3-1] of the above mediation protocol, the Defendant Co., Ltd. is liable to pay KRW 100,000 to the Plaintiff according to [Attachment 2] 10,00,00 due to the disturbance of the Plaintiff and L, the Defendants are liable to the Plaintiff, and there is no provision in the penalty for breach of Article 805,00,000,000.
B. The facts of recognition 1) On November 20, 2014, the Defendant Company shared 1/7 shares of Defendant B, C, D, E, F, and G (including the network P of this case at the beginning) on the part of P, Defendant C acquired the net P’s shares through an agreement on the division of inherited property, and Defendant C acquired the net P’s shares through an agreement on the division of inherited property, and Defendant C, C, I, I, and J as the heir of the network P.
Defendant B, etc. for convenience;
(2) The Plaintiff is a construction business operator who purchased and owned the instant loan from Defendant B, etc., and the Plaintiff and L are a construction business operator who newly built the instant loan. (2) As the Plaintiff did not receive the construction cost from Defendant B, etc., the construction cost of the instant loan was KRW 800 million and its related thereto.