beta
(영문) 수원지방법원 2019.10.15 2019가단509492

약정금

Text

1. The Defendant calculated the Plaintiff at the rate of KRW 40 million per month from January 1, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 8, 2010, the Plaintiff entered into an agreement with Nonparty C (hereinafter “Nonindicted Company”) to invest KRW 100 million in connection with D performance. Under such an investment agreement, the Plaintiff transferred KRW 30 million to the account in the name of the Defendant, the representative director of the Nonparty Company, and KRW 70 million on March 14, 2010, respectively.

B. The performance was scheduled from the end of April 2010 to the end of May 2010, but was not well-known. Around June 2010, the non-party company promised to guarantee the principal of KRW 100,000,000 to the Plaintiff until October 19, 2010, and agreed to pay each of the KRW 70,000,000,000 to the end of December 30, 2010.

C. The Defendant remitted to the Plaintiff KRW 10 million on July 22, 2010, and KRW 10 million on July 23, 2010, respectively, and the Nonparty Company agreed to pay KRW 10 million on September 30, 2010, out of the remainder of KRW 90 million around that time, until September 30, 2010, KRW 20 million until October 31, 2010, and KRW 60 million until December 31, 2010, respectively.

On July 26, 2010, the Defendant prepared and issued a written performance note to the Plaintiff that “In the event that a company outside Korea is unable to pay KRW 90 million to the Plaintiff by December 31, 2010, the Defendant promises to repay the full amount to the Plaintiff.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount calculated by the rate of KRW 40 million per month from January 1, 2019 to the date of full payment, among the agreed parties and the principal amount of KRW 90 million under the agreement as of July 26, 2010, which the Plaintiff seeks.

3. If so, the plaintiff's claim is justified.