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(영문) 수원지방법원 2020.06.18 2019가단546996

약정금

Text

The defendant shall pay 100,000,000 won to the plaintiff and 25% per annum from August 15, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The content of the letter of undertaking of the performance of an obligation, drawn up on July 4, 2017 between the Plaintiff and the Defendant, is as follows:

(hereinafter “A” and “B” agree to pay KRW 100,00,000,00,000, which is an amount equal to the amount of investment and investment, until March 31, 2016, when they invest KRW 100,00,00 from “A” on March 3, 2016, in the name of the first, second, and second commercial building (total), in the C apartment complex, in the form of the first, second, and second commercial building (total), in the form of “A” and “B” (hereinafter “instant letter”).

However, if it is necessary to pay money due to the sudden circumstances of Gap, the government promised to preferentially pay 100,000,000 won of the investment until March 15, 2016.

However, as of July 4, 2017, Eul failed to implement the commitments set forth in the above Paragraph 1, and Eul paid only KRW 56,000,000, which is a part of the above Investment Arrangement, and paid KRW 144,00,000,000.

Accordingly, Gap urged Eul to pay the above investment agreement amount on several occasions and extended the repayment date on several occasions, etc. However, Eul has caused a lot of financial difficulties due to delay in the payment of the above investment agreement amount. It is highly probable that Eul has caused a lot of financial difficulties to Gap, and it is promising to pay it as confirmed below.

[Matters to confirm the debtor's performance]

(a) B shall pay Gap KRW 10,000,000 to August 15, 2017.

(b) B shall pay Gap KRW 134,000,000 by February 28, 2018.

Provided, That 25% per annum shall be paid from August 15, 2017, which is the date of the agreement, to the date of delayed performance of the matters mentioned in paragraphs (a) and (b) and to the date of full payment of the unpaid amount.

If the above contents are not fulfilled, B acknowledges A to receive money with the name of the investment money and take the responsibility of civil and criminal law.

B. The Plaintiff did not pay the amount corresponding to the Defendant’s payment date under each of the instant agreements, and the Defendant was guilty on November 2017.