약정금
1. The Defendant falls under the Plaintiff as to the “principal” stated in the attached list, among the KRW 15 million and the Plaintiff.
1. In full view of the overall purport of the pleadings, evidence Nos. 2 and 5 as a whole, the Plaintiff Company filed a complaint with the Defendant, who was the chief of the computer office among July 2018, for the theft of the total amount of KRW 103,690,40,00 from May 15, 2017 to June 29, 2018; ② the Defendant paid KRW 35 million to the Plaintiff on January 17, 2019, on payment of KRW 35 million to the Plaintiff, on payment of KRW 5 million until January 17, 2019; and KRW 500,000,000 to the remainder of KRW 50,000 until February 1, 2019; and from March 1, 2019 to March 1, 2019.
1. The fact that the Defendant agreed to pay KRW 5 million in duplicate, ③ However, the Defendant did not perform its duty under the above agreement at all, and on March 12, 2019, was prosecuted for larceny and is pending in the criminal procedure (Seoul Western District Court Decision 2019Da718).
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15 million agreed upon under the agreement made on January 17, 2019 and each of the “principal” listed in the separate sheet among them, to the Plaintiff at the rate of 5% per annum prescribed by the Civil Act from the date following the due date of each payment to February 2, 2019, which is the date of this judgment, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
(3) The Plaintiff’s claim is accepted within the scope of recognition, and the remainder of the claim is dismissed. It is so decided as per Disposition by the assent of all participating Justices on January 18, 2017, on the premise that the Plaintiff’s claim is based on the premise that the due date for payment of KRW 1.5 million was due on January 17, 2017.