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(영문) 서울남부지방법원 2014.12.12 2013가합106957

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 201, Defendant B, along with D and E, requested from G, the actual representative of the Plaintiff (F Co., Ltd.) to grant a loan of KRW 3.7 billion from financial institutions. Upon requesting from Yangcheon Credit Union H, etc., Defendant B, around July 29, 201, borrowed KRW 1.2 billion from the said union and received KRW 2.5 billion from G on July 29, 201.

B. After the above loan, I acquired the Plaintiff Company and take office as the representative director on February 2, 2012, and the Plaintiff demanded Defendant B to clarify the reasons for receiving KRW 300 million out of the Plaintiff’s above loan, and if not, the Plaintiff sent a certificate of content that he would be held liable for criminal liability.

C. On July 18, 2012, Defendant B agreed with the Plaintiff to return KRW 100 million out of KRW 300 million that he received from G until August 15, 2012, and the remaining KRW 200 million up to December 30, 2012.

(hereinafter “instant Return Agreement”)

D. After that, Defendant B did not implement the instant return agreement, the Plaintiff’s claim for the agreed amount amount of KRW 300 million is a preserved right, and the Plaintiff provisionally attached the real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”) (Seoul Southern District Court 2012Kadan70947), and filed a lawsuit claiming payment of KRW 300 million (Seoul Southern District Court 201Da70947).

(A) On September 13, 2012, Defendant B agreed to provide the Plaintiff with KRW 80 million and the Plaintiff’s litigation cost KRW 69.5 million up to September 17, 2012, and the remainder KRW 200 million up to December 31, 2012 would be paid KRW 100 million up to December 31, 2012, and KRW 100 million up to June 30, 2013, and except in the case of loans extended for debt repayment to the Plaintiff until the remainder is paid.

hereinafter referred to as "the case."