약정금
1. As to the Plaintiff, the Defendant and C, jointly and severally with C and D, KRW 145,00,000, and KRW 30,000,00 and each of the said money.
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff asserted that he invested and lent business funds, etc. to C and D, the Defendant’s son, and the Plaintiff filed a lawsuit for the return of investment and loan (No. 2018Da5748, Jeju District Court Decision 2018Da5748, hereinafter “relevant civil lawsuit”).
(2) From the relevant civil litigation on October 16, 2018, “C and D shall jointly and severally pay to the Plaintiff 145,00,000,000 won and the amount equivalent to C from April 26, 2018, up to July 4, 2018, D shall be 5% per annum until July 12, 2018, and 15% per annum from each of the following day to the date of full payment. C shall pay to the Plaintiff 30,000,000 won and the amount equivalent to 15% per annum from August 23, 2017 to July 4, 2018, the judgment became final and conclusive around that time.”
3) On September 5, 2019, the Plaintiff filed a fraudulent complaint against C, and C was subject to a criminal trial (the Jeju District Court Decision 2019Gohap1317). C on September 5, 2019, after having been sentenced to imprisonment with prison labor for ten months, filed an appeal (the Jeju District Court Decision 2019No794, hereinafter collectively referred to as “related criminal litigation”).
(4) After the judgment of the first instance court on the relevant criminal procedure, the Plaintiff and the Defendant drafted a debt performance agreement (hereinafter “instant agreement”) as follows on November 26, 2019.
1. Eul (referring to the defendant) shall pay 20,000,000 won to Gap (referring to the plaintiff) on November 29, 2019.
2. Eul shall stand a joint and several surety for obligations under the Jeju District Court Decision 2018Kadan5748 (No. 5748) against C and D.
3. For the guarantee and repayment of the obligations as described in the above 2.2. B, upon the proposal owned by the principal, Eul shall divide the E forest and field, and the proceeds from the sale of the land shall be paid to Gap by December 31, 2019.
5) The Defendant did not perform its duty to pay KRW 20,000,000 to the Plaintiff as stipulated in paragraph (1) of the instant agreement. 6) The appellate trial in the relevant criminal procedure was closed on December 5, 2019, and C filed an appeal on January 9, 2020.