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(영문) 부산지방법원 2017.08.10 2016가단317494

약정금

Text

1. Defendant C shall pay to the Plaintiff KRW 23,94,685 and the interest rate of KRW 15% per annum from June 16, 2016 to the date of full payment.

Reasons

1. Plaintiff’s claim against Defendant B

A. On November 20, 2012, the Plaintiff prepared a letter of undertaking with Defendant B, and confirmed the amount of debt to be borne by the Plaintiff by Defendant B as KRW 40 million. Therefore, Defendant B is obligated to pay the Plaintiff an agreed amount of KRW 40 million and its delay damages determined by the said letter of undertaking. (2) Defendant B’s obligation to pay KRW 40 million to the Plaintiff through the said letter of undertaking arises only when the conditions set forth in paragraph (4) are fulfilled. However, the Plaintiff’s claim cannot be satisfied unless the said conditions are fulfilled.

B. According to the statement in Gap evidence No. 2, on November 20, 2012, the plaintiff can be acknowledged that the plaintiff prepared a letter of undertaking with Defendant B as follows (hereinafter "the letter of undertaking").

Written Declarations

1. By November 20, 2012, Defendant B shall fix the amount of debt owed to the Plaintiff by November 20, 2012 as KRW 40 million.

The above-mentioned amount shall be repaid to the Plaintiff as follows:

2. The final payment shall be 30 million won for the establishment of a local corporation in Mongolia and for expenses incurred in addition to taxes, public charges and public charges, and other charges after November 20, 2012.

3. The Plaintiff shall have a stake in a corporation with a share of 50% in the shares of a corporation that owns a land located in Ulsan-gu D (40,000 square meters) located in Ulsan-do (40,000 square meters) as a collateral for the amount determined pursuant to the above paragraphs (1) and (2) above, and shall return the said amount to the corporation until December 30, 2013, and the said amount shall have a share in a case where it is not possible to repay the amount.

4. The Plaintiff and Defendant C intend to change the title of the right of use as a limited-liability company newly established from a limited-liability company E, which currently owns the land located in Ulsan-dozine D (40,000 square meters).

When a new company fails to own and transfer the right to use the lease, this letter of commitment shall be null and void.

In full view of the text of the instant undertaking and its overall contents, the Plaintiff.