약정금
1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from April 8, 2017 to the date of complete payment.
Basic Facts
- On June 3, 2011, the Plaintiff filed a lawsuit against the Defendant and the Defendant husband B seeking the return, etc. of the pre-paid construction cost with the Sung-nam District Court (Seoul District Court), and the said court rendered a judgment on July 10, 2012 that “the Defendant jointly and severally with the Plaintiff, and jointly pays to the Plaintiff KRW 215,60,000, and damages for delay therefor,” (No. 2011Gahap8269) and the said judgment became final and conclusive on April 15, 2013.
- Based on the above final judgment, on September 18, 2012, the Plaintiff applied for a compulsory auction on the land of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of Gwangju and its ground buildings, and on December 13, 2012, on the land of the Gyeonggi-gun owned by the Defendant, and on December 13, 2012, the procedure for compulsory auction was commenced for the above real estate of the Si of the Si of the Si of the Si of the Si of the Si of the Si of Suwon-gu and the Si of the Gu of the Si of the Si of the Si of the Si of Suwon-si, and each of the above compulsory auction was withdrawn on September
- On April 26, 2013, the Plaintiff, the Defendant, and the Defendant B (hereinafter “Defendant married couple”) drafted an agreement to the effect that the Defendant married couple would pay the Plaintiff KRW 80,000,000 on April 26, 2013, and KRW 20,000,000 on May 16, 2013, on condition that the Plaintiff withdraw a compulsory auction on real estate at the Hanam-si and Gwangju-si (hereinafter “instant agreement”) on the condition that the Plaintiff would return to the Plaintiff for a claim objection by filing a lawsuit against the Plaintiff’s husband and wife regarding the real estate at the Gyeonggi-si level (hereinafter “instant agreement”).
- Under the instant agreement, the Defendant couple paid the Plaintiff KRW 88,00,000,000 on April 26, 2013, and KRW 3,000,000 on June 12, 2013, and KRW 88,00,000 on July 9, 2013.
- The Defendant husband and wife filed a lawsuit of demurrer against the Plaintiff in Suwon District Court’s Sung-nam branch, and the Plaintiff did not submit a written answer even after having received a written answer from the Defendant husband and wife, and the said court rendered a favorable judgment against the Defendant husband and wife to the effect that compulsory execution based on the above judgment No. 2011Gahap8269 on July 16, 2013 is denied.