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(영문) 수원지방법원안양지원 2020.03.26 2019가단10734

합의금

Text

1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 12% per annum from December 6, 2019 to the date of full payment.

Reasons

1. On August 13, 2019, the Defendant and Nonparty C entered into an implementation agreement (hereinafter “instant agreement”) with the Plaintiff on the following terms and conditions, and the Defendant and C, on the same day, the notary public set up and issued the certificate No. 262 of the D Deed No. 2019 to the Plaintiff.

With respect to accusation cases, such as the Plaintiff’s debtor (defendant) C, Defendant Seoul Western Police Station E Fraud, the obligee and the obligor (defendant) agree that the following will be fulfilled:

1. C shall pay to the Plaintiff KRW 3 million (33 times, 9,000 in total, 99,00,000) as of the end of each month from November 2019 to July 202.

2. The Defendant shall pay the Plaintiff KRW 10,000,000 on November 30, 2019.

3. 원고는 합의 즉시 위 사건 고소를 취하하고, 위 사건과 관련하여 고소인은 피고소인들에게 더 이상의 어떠한 민형사상 이의를 제기하지 않음을 밝힙니다.

4. The defendant-appellant promises to pay the amount of the above agreement in good faith if the complainant withdraws the complaint and does not raise a civil or criminal objection.

The plaintiff withdrawn a criminal complaint against the defendant, but the defendant did not pay the money in accordance with the agreement of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, and purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 110,000,000 and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 6, 2019 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

(3) If the plaintiff's claim of this case is reasonable, it is so decided as per Disposition by the assent of all participating Justices on the bench's ground that the plaintiff's claim of this case should be accepted.