약정금 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 30, 2014, the Defendants agreed to pay the Plaintiff KRW 300,000,000, and KRW 600,000,00 to the Plaintiff, etc. as penalty, instead of withdrawing the lawsuit claiming a penalty for breach of contract filed by the Plaintiff, etc. against the Defendants against the Defendants (hereinafter “the Plaintiff, etc.”) by the Seoul Central District Court 2014Gahap534294, which was filed by the Plaintiff, etc.
B. In accordance with the instant agreement, the Defendants paid the Plaintiff share certificates of KRW 1,000,000 and KRW 200,000,000 until October 20, 2014, but did not pay the remainder of KRW 400,00,000.
C. On June 1, 2015, the Plaintiff acquired all rights to the instant agreement from Nonparty D with respect to the Defendants.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2, the purport of the whole pleadings
2. Determination
A. According to the facts found in the determination as to the cause of the claim, the Defendants are obligated to pay the Plaintiff a penalty of KRW 400,000,000, and a penalty of KRW 300,000,000, as well as damages for delay.
B. On July 14, 2015, the Defendants’ defense and determination as to the Defendants’ defenses, etc. agreed between the Plaintiff and the Plaintiff on July 14, 2015 to terminate the claims and obligations under the instant agreement if the Defendants paid KRW 10,00,000 to the Plaintiff. Therefore, the Defendants’ defenses that the Defendants’ obligations, such as the instant contract amount and penalty, were extinguished.
If the purport of the entire pleadings is added to the statements in the evidence Nos. 1 and 2, the Plaintiff confirms on July 14, 2015 that “A shall receive KRW 10 million from July 20, 2015, and that the claim/debt relationship with B and C has terminated, and no further obligation exists.”