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(영문) 수원지방법원안산지원 2020.02.13 2018가합8993

약정금

Text

1. The Defendant shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 20% per annum from August 31, 2017 to the date of full payment.

Reasons

The following facts may be acknowledged if the facts of recognition of the judgment as to the cause of the claim Gap were stated in the evidence Nos. 1 through 7, and the purport of the whole argument is examined.

On March 28, 2016, the Defendant and C: (a) written statement of payment that “I swear that you will pay money to you within three months from the date of registration after being awarded a successful bid for a building subject to a compulsory auction case by Incheon District Court DD; (b) the Plaintiff’s father E.

The Defendant’s promise to pay KRW 350,000,000 to the sum of the amounts added to the amount stated in the payment memorandum under the foregoing paragraph (1) on October 2016 (hereinafter “the second payment memorandum”) by the date on which the first priority comes out, out of the receipt date of the secured loan after the registration of the Nam-gu Incheon Metropolitan Government, Nam-gu, Incheon.” (hereinafter “the second payment memorandum”).

2) The Plaintiff and the Defendant indicated an agreement on the lease of a commercial building (hereinafter referred to as the “instant agreement”) with the Plaintiff and the Defendant on the F neighborhood shop in Nam-gu, Incheon. The Plaintiff and the Defendant indicated the 12-story neighborhood living facilities and sports facilities of the 12-story reinforced concrete concrete roof and the 12-story collective building (hereinafter referred to as the “instant aggregate building”).

(1) The agreement relating to the lease agreement is concluded as follows: (a) the Plaintiff shall lend the amount of KRW 50 million to the Defendant and shall be liable for the payment of the return of the loan by C, the actual management owner of the Defendant. Of the above loans, KRW 345,00,000 (345,000,000) shall be replaced by the bonds (assignor: G and the third obligor: the Defendant) of which the Plaintiff is holding, and KRW 15,00,000,0000 (15,000,000) shall be transferred to the account designated by the Defendant within 10 days from the date of conclusion of the agreement. (b) The Plaintiff shall be liable for the Defendant’s fault (such as the failure of auction: Enterprise Bank H and G)