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(영문) 인천지방법원 2018.06.27 2017가단235103

약정금

Text

1. The Defendants jointly share KRW 120,000,000 with respect to the Plaintiff and 5% per annum from July 1, 2017 to August 29, 2017.

Reasons

1. Facts of recognition;

A. The Defendants operated “D” in Jeju-do and engaged in housing projects.

The husband E became aware of the Defendants in the sale fraud case from F, and became employed in the above D.

On May 2016, the Plaintiff, along with E, moved into the first floor of G located in Jeju that was provided by the Defendants as a lodging house, and at that time, Defendant C was residing in the second floor of the said house.

B. Defendant B (Defendant C’s punishment) drafted a written agreement with the Plaintiff on September 1, 2016 (hereinafter “Agreement on September 1, 2016”), which represented the Plaintiff, and paid KRW 40,000,000 to E on the same day.

The victims AE of the Agreement shall not want the punishment of the above C even if the case with the above Section C is smoothly agreed and is subsequently tried as follows:

The following F has received 30 million won or more and paid it on behalf of C in connection with the failure to return it. C promises to waive the amount of indemnity of 30 million won or more to pay 10 million won in addition.

September 1, 2016

On September 1, 2016, Defendant B drafted a cash custody certificate with the following contents to E who represented the Plaintiff.

The daily cash custody certificate: B Ha on September 1, 2016, which was kept to pay the daily KRW 00,000,000,000,000,000 first of all at the time of the sale or loan of the above land to the majority other than H at Jeju.

The Plaintiff and E shall prepare a written agreement with the Defendants on February 13, 2017 with the following terms, and received certification at the notary office on February 14, 2017:

hereinafter referred to as the "certification agreement of this case"

(a) A E B of a written agreement;

1. By March 31, 2017, 40 million won, and 80 million won by June 30, 2017, shall be paid by the said B to A as above.

2. The cash custody certificate (amounting to KRW 00 million, KRW 20 million, and KRW 2) prepared on September 1, 2016 shall be immediately discarded.

3. On June 30, 2017, A and E shall be the current state of the G ground building in Jeju-si who is currently residing together with the payment of 80 million won on June 30, 2017.