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(영문) 서울고등법원 2016.09.09 2015나2006423

약정금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 802,819,133 as well as to the plaintiff on December 2013.

Reasons

The defendant is a former M in Seoul Special Metropolitan City, and A is a person who operated a daily house of "O" in Gangnam-gu Seoul Metropolitan Government N.

A was loaned 4.3 billion won in Solomon Mutual Savings Bank on August 3, 2006.

A delivered the above amount to the Defendant in KRW 950 million on August 3, 2006 and KRW 999 billion (the amount loaned from the Gwangju Bank on January 13, 2006 and returned on March 18, 2006), KRW 770 million on August 8, 2006, KRW 10 million on August 25, 2006, and KRW 2.9 billion on August 28, 2006.

A repaid the loans to the Gwangju Bank on January 13, 2006, as part of the loans received from the Solomon Mutual Savings Bank on August 3, 2006, and on May 21, 2009, he again borrowed the amount of KRW 4.6 billion from the Gwangju Bank Telecommunications and repaid the entire principal and interest of the loans to the Solomon Mutual Savings Bank.

After being detained on June 4, 2007 on suspicion that the Defendant received money and valuables from a public official of the National Tax Service with regard to the referral of matters falling under the duties of the public official of the National Tax Service, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (reconciliation) by the Seoul Central District Court on October 4, 2007, and the said judgment became final and conclusive on March 26, 2009.

The defendant was detained on April 9, 2009 when he was sentenced to the suspension of the execution of detention on January 2, 2008, and the suspension of execution of punishment on April 17, 2009 was re-exploded on October 9, 2009, and the execution of the punishment was terminated on February 28, 201.

On July 27, 2008, the defendant, who was under the suspension of the execution of detention, set up and enforced to A a written agreement (Evidence A 2) with the following contents:

(hereinafter referred to as the “instant agreement,” and the Defendant and A agree to the agreement as follows.

By December 31, 2008, the defendant shall pay 4.5 billion won to A by December 31, 2008.

The Defendant secured the above money as a security to H Co., Ltd. (Co., Ltd., G, hereinafter “H”) and 4.20,000 common shares registered.