약정금
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. Basic facts
A. C is a person who registered his/her business with the trade name "D" on April 15, 1998 and reported the closure of business on February 22, 201 while engaging in the mechanical manufacturing business by making the location of Busan He/she was the location of his/her office, and the Plaintiff is a person who registered his/her business with the trade name on the same day and operates the general industrial machinery manufacturing business, etc. in the above business area.
B. On June 27, 2005, F Co., Ltd. (hereinafter “F”) entered into a contract for waste disposal facility works with C, and the Defendant was the F’s representative director at the time of entering into the said contract.
C. On May 31, 2006, the Defendant drafted a letter of payment stating that “The Defendant shall pay 29,700,000 won by July 20, 2006, and if it is unable to pay it, by adding the interest rate of 25% from the following day to the date of full payment.”
C On September 14, 2010, KRW 45,176,00 against F (i.e., principal amount of KRW 25,30,00,000 as the claim amounting to KRW 19,876,00 from July 21, 2007 to September 10, 2010), and F was issued a seizure and assignment order (hereinafter “instant assignment order”) regarding the purchase price of the water, atmosphere, etc. owned by the Green Con-Tech Co., Ltd., and the claim attachment and assignment order (i.e., Busan District Court 2010TTT26792; hereinafter “instant assignment order”).
E. On October 19, 2010, the Defendant entered into an agreement on the repayment of the following claims between the Plaintiff and the consortium technology (hereinafter “Agreement”).
The agreement on the repayment of claims is drawn up. B Creditor B: The amount of credit of the D Company A: 25,400,000 won, whichever is 25,400,000 won, shall be paid on October 19, 2010, and the balance (15,400,000 won) shall be remitted to the other (15,40,000 won, which shall be incurred from Category B.).
And the above principal.