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(영문) 서울동부지방법원 2017.02.14 2015가합109803

약정금

Text

1. Defendant C Co., Ltd. and D shall jointly and severally serve as KRW 172,00,000 for Plaintiff A Co., Ltd. and its corresponding amount from November 10, 2015.

Reasons

1. Basic facts

A. On June 2009, Defendant D borrowed one promissory note with a face value of KRW 100 million from Plaintiff B and two promissory notes with a face value of KRW 77,00,000 each (hereinafter “the Promissory Notes”).

B. On September 15, 2010, Defendant D drafted a cash payment note stating that the sum of the face value of three promissory notes held by the Plaintiff A, the representative director of which is the Plaintiff B, would be KRW 254,00,000,000, not later than October 29, 2010.

C. Around December 201, Defendant C (formerly FF Co., Ltd.) agreed to pay the total of KRW 254,000,000 and the total of KRW 18,000,000 payable for construction expenses, and the total of KRW 272,00,000,000, and the interest amount by February 28, 2012, and agreed to consult after the full payment of the principal amount (hereinafter the instant agreement), Defendant D’s joint and several debt to Defendant C with the Plaintiff, and Defendant E signed a letter of payment (hereinafter the instant letter of payment) prepared at the time of the said agreement as a witness.

Plaintiff

B Around January 4, 2014, between the lender industry and the lender industry (hereinafter the lender industry) entered into a contract on the assignment and takeover of claims regarding value-added tax refund claim amounting to KRW 95,000,000, which the lender industry holds against the defendant C.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. According to the part of the claim against Defendant C and D (1) above, Defendant C and D are jointly and severally liable to pay the Plaintiff the agreed amount of KRW 272,00,000,000, and damages for delay.

(2) As to this, Defendant C and D entered into the instant agreement with respect to the Promissory Notes, the face value of which is KRW 100 million among the Promissory Notes, on November 2009, on which the Plaintiffs reported to the plenary session and did not pay the said Promissory Notes but did not return the Promissory Notes, the face value of which is KRW 100 million, and the actual amount used by the Defendants is KRW 154,00,000.