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(영문) 의정부지방법원 2014.12.17 2014가합2980

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 150 million and the interest rate of KRW 20% per annum from May 1, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is the representative of C, and the defendant is the representative of D Co., Ltd.

B. C around February 2013, after entering into a subcontract for a total of four construction works, including a new urban residential housing construction project on the land outside Gwanak-gu in Seoul Special Metropolitan City E and one parcel, from D Co., Ltd.

C. The Defendant held F and G with a claim of KRW 375 million based on the No. 348 of the No. 2013 No. 348 of the No. 2013 (hereinafter “instant No. notarial deed”). The content of the agreement signed by the Plaintiff and the Defendant around February 2014 (hereinafter “instant agreement”) is as follows.

The plaintiff and the defendant agree to the following terms for the repayment of claims of the plaintiff:

1. The defendant shall transfer to the plaintiff the claim KRW 375 million based on the notarial deed of this case, which the defendant's debtor F and G (hereinafter "third debtor") possess against the defendant's debtor F and G ("third debtor").

2. The defendant shall notify the garnishee of the contents of the above Paragraph 1.

3. Prior to the notarial deed of this case, the defendant may take procedures for succession to preservative measures or compulsory execution (such as provisional seizure, etc.) conducted by the defendant against the garnishee.

4. The plaintiff shall pay half of the amount of reimbursement to the defendant in the case of receiving payment from the garnishee.

5. The defendant's debt against the plaintiff is KRW 150 million.

6. For the purpose of preventing the Plaintiff from being reimbursed in excess of the above KRW 150 million from the garnishee, the Plaintiff shall set up and set up to the Defendant a notarial deed of promissory notes of KRW 25 million as security.

7. The Defendant’s assignment of the above assignment of claims is conducted by means of the Plaintiff’s repayment of KRW 150 million against the Defendant. Unless the repayment of claims is made from the third obligor, it is confirmed that there is KRW 150 million against the Plaintiff, without relation to the assignment of claims.

The defendant on February 13, 2014.