추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 12, 2016, the Plaintiff entered into an agreement on the joining of the association with the Plaintiff (hereinafter “E”) on behalf of the E Co., Ltd. (hereinafter “E”) which is a full-time officer and employee of the association in relation to the construction of apartment buildings in the Jeju-si District District Association (hereinafter “Association”) on behalf of the Plaintiff in relation to the construction of apartment buildings in the Jeju-si District D. D.
The above agreement to join an association provides that apartment F shall be purchased in the name of G, which is a parent of apartment F, and H shall be purchased in the name of the plaintiff, and the plaintiff paid a total of KRW 300,000,000 to E.
B. On May 27, 2016, E, under a partnership subscription agreement, deposited KRW 400,000,000 to the Plaintiff on May 27, 2016, but drafted a cash storage certificate to pay the amount in full by October 31, 2016.
C. After that, on June 2, 2016, the Plaintiff, E, and I, as its representative director, drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the following content as the document No. 2726, No. 2016, No. 2016, Jun. 2, 2016.
Article 1 (Purpose) The Plaintiff leased KRW 400,000,000 to E on June 2, 2016, and the obligor borrowed it.
Article 2 (Period and Method of Payment) The payment was made on October 31, 2016.
Article 3 (Interest) The interest rate was set at 00% per annum and paid on the 00th day of each month.
Article 5 (Amount of Damages for Delay) If the debtor delays the repayment of the principal, the delayed interest shall be paid to the creditor in proportion to 25% per annum on the delayed principal or interest.
E has fulfilled only KRW 200,000,000 to the Plaintiff, and on December 6, 2016, drafted a letter of commitment to the Plaintiff on December 31, 2016, stating that “I have promised to repay 200,000,000 won out of KRW 400,000,000, not later than December 31, 2016, and will pay interest of KRW 20,000 to the Plaintiff.”
E. Notwithstanding the above letter of commitment, E paid only KRW 20,000,000,000, and on January 13, 2017, the Plaintiff’s amount of KRW 400,000.