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(영문) 의정부지방법원고양지원 2017.09.20 2017가합70741

약정금

Text

1. The Defendant’s KRW 593,705,630 as well as 5% per annum from January 13, 2017 to September 20, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 28, 2014, the Defendant filed a lawsuit against the Plaintiff for damages by filing a lawsuit against the Plaintiff with the Goyang Branch of the District Court 2014Gahap5012, and received from the above court “Defendant referring to the Plaintiff.” From the above court, the Defendant means the Plaintiff; from March 28, 2009, with respect to KRW 491,917,746 and KRW 43,822,444 among them, from March 28, 201 to KRW 88,57,880, from March 28, 2010 to KRW 90,358,524 from March 28, 2011 to KRW 87,822,963 from March 28, 201, to KRW 201 to KRW 304,25,201, to KRW 413,25,2013 to KRW 427,29413.25,27.241.

B. As to the judgment of the first instance court in the relevant case, the Plaintiff appealeded as Seoul High Court 2015Na2010514, and around January 20, 2015, the Plaintiff paid KRW 500,000,000, which is a part of the amount ordering the Defendant to pay in the judgment of the first instance court in the relevant case. At the time, the Defendant agreed to the Plaintiff as follows (hereinafter “instant one agreement”).

1. Subsequent to the foregoing judgment, this judgment means the judgment of the first instance in the case relating thereto.

If the amount of the judgment changed or finalized is reduced to less than the amount of the declaration of provisional execution, the difference shall be immediately returned at the time of return. 2. waives provisional execution (e.g., seizure and collection of claims) on the remaining damages due; 3. Ownership (B, C) by the principal does not sell without the consent of the State of strike.

On October 22, 2015, the court rendered a judgment dismissing an appeal (hereinafter referred to as “relevant case second instance judgment”) in the foregoing appellate case. On November 13, 2015, the Plaintiff paid KRW 93,705,630 of the balance of the money ordered the Defendant to pay to the Defendant in the first instance judgment of the relevant case. At the time, the Defendant at the time is as follows.