beta
(영문) 인천지방법원 2018.10.11 2017가단27708

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 103,755,332 and the interest rate of KRW 15% per annum from August 23, 2018 to the date of full payment.

Reasons

1. As to the cause of claim

A. 1) On April 9, 1997, the Plaintiff leased KRW 90,00,00 to B with interest rate of KRW 14% per annum, KRW 19% per annum, KRW 19% per annum, and maturity of payment on April 9, 2000. 2) The Plaintiff filed a lawsuit against B on May 3, 2001 against the Plaintiff’s claim for loans as Incheon District Court 200Kadan7073, and on May 3, 2001, “B shall pay to the Plaintiff an amount equal to KRW 19% per annum from November 1, 200 to the date of full payment.” The above judgment became final and conclusive on June 10, 201.

3) On May 3, 2001, B and the Defendant made up the following notes (hereinafter “each of the instant notes”) to the Plaintiff on May 3, 2001. B and the Defendant promised that the Plaintiff shall pay the Plaintiff KRW 10,000,000 in depth with respect to the fact that material and mental pain was inflicted on the Plaintiff, and that the amount of the obligation (the principal amount of the B bonds KRW 90,000,00, interest KRW 50,373,289, Defendant’s bonds KRW 13,412,877, KRW 153,786,166) shall be repaid on May 3, 200, and the Defendant agreed that the Plaintiff and the Defendant shall jointly and severally repay the remainder amount to KRW 10,00,000 in six months, and the Defendant agreed that the Plaintiff shall withdraw the criminal issues of the obligor B and agreed to pay the Plaintiff KRW 50,500,000,00,000 to the Defendant 25.

(4) On May 3, 2001, the Plaintiff: (a) confirmed that the content of the agreement on fraud and alteration of private documents was made out of the content for the exemption from criminal punishment; and (b) provided that only KRW 30,000,000, which is a part of the debt amount, shall be repaid in full; and (c) provided that the content of the written agreement and withdrawal from the complaint related to the above criminal case shall be faithfully fulfilled until the full repayment of the debt amount.

5 The plaintiff is the Incheon District Court against B on May 17, 2011.