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(영문) 서울중앙지방법원 2014.12.05 2013가합565222

약정금

Text

1. The plaintiff's main claim is dismissed.

2. The Defendants shall jointly and severally file with the Plaintiff KRW 321,095,867 and the said amount.

Reasons

1. Facts of recognition;

A. Defendant E Co., Ltd (former trade name: FF Co., Ltd.; hereinafter “Defendant Company”) is a company operating the sports center in Sung-nam-si Gtel (hereinafter “instant officetel”) in Sung-nam-si, Sung-nam-si, which is a major shareholder operating the Defendant Company; Defendant C is a creditor of the Defendant Company and Defendant D’s sales agent to remodel and sell the said sports center.

H and I are the Plaintiff’s birth.

(hereinafter referred to as the “Plaintiff, etc.”). B.

Plaintiff

On May 2003, Defendant B invested funds necessary for the apartment project located in Daegu. According to the above Defendant’s proposal, around August 27, 2003, Jeju JJ invested funds in the project of operating the sports center of this case on January 2004.

Plaintiff

From September 25, 2002 to January 7, 2004, the sum of KRW 1 billion was paid to Defendant B.

C. As to the above monetary transaction with the plaintiff, etc., the defendant Eul made a written agreement on June 28, 2006 that "the payment of KRW 300 million up to July 10, 2006, the balance of KRW 450 million up to November 30, 2006, and the interest amount of KRW 400 million up to November 30, 2006, shall be combined with each other at the later date (Evidence 3)" and the second on May 29, 2007 that "the plaintiff, etc. shall pay the principal and interest of KRW 1 billion loaned to the defendant Eul, etc. by the end of July 2007, and H shall confirm that he has a right to operate a coffee shop in the sports center of this case without a deposit until the principal and interest are repaid (Evidence 4)."

On the other hand, on June 20, 2007, Defendant C promised to pay KRW 400 million deposited in the Defendant Company to the Plaintiff by the end of July 2000 and by the end of August.

“,” has drawn up a note of payment (Evidence A 21). D.

After the preparation of the notes, agreements, etc. mentioned in the preceding paragraphs.