약정금
1. The defendant shall pay 400,000,000 won to the plaintiff and 12% per annum from January 10, 2020 to the day of complete payment.
1. In full view of the purport of the entire arguments as to the cause of the claim Gap's evidence Nos. 1 through 8-2, the defendant can be found to have agreed to pay KRW 400 million to the plaintiff jointly with Co., Ltd. around November 2018. Thus, the defendant is liable to pay to the plaintiff delay damages calculated at the rate of 12% per annum from January 10, 2020 to the date following the delivery date of a copy of the complaint of this case to the date of complete payment.
2. The defendant's assertion argues that the defendant did not comply with the plaintiff's claim since he did not withdraw the plaintiff's complaint on the condition that the plaintiff withdraw the plaintiff's complaint.
In light of the following facts, it is reasonable to deem that the Plaintiff agreed to withdraw a complaint against the Defendant after receiving the agreed amount from the Defendant, and there is no evidence to prove otherwise that the Plaintiff agreed to pay the agreed amount on the condition of withdrawal of the Plaintiff’s complaint, in light of the following: (a) the grounds for, timing, method, etc. of the payment of KRW 400 million agreed amount under paragraphs (1) through (4) of the evidence No. 8 (Agreement) and (5).
Therefore, the defendant's argument is without merit.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.