약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Fact-finding;
A. On June 18, 2014, the Defendant: (a) borrowed money from the Plaintiff and E, and drafted a written agreement with the Plaintiff and E, as follows (hereinafter “instant agreement”); and (b) signed the agreement given by the Plaintiff and E, on June 18, 2014, between the Plaintiff and E’s son F, and entered into the agreement given under the said agreement (hereinafter “instant agreement”).
The plaintiff, the defendant, and the F agree to lend KRW 600 million to the defendant's Gyeonggi-gun C, D's mining right, and the restoration deposit for conversion of mountainous district which is essential for the implementation of the business plan of G Co., Ltd., as follows:
Agreed Matters
1. The Plaintiff waives the attachment and collection of F’s deposit amounting to KRW 68,50,000,000 in Incheon District Court Decision 2012TTTT 11639 and collection order of KRW 300,000.
2.F shall deposit F 375 million won, Plaintiff 225 million won, after the withdrawal of the said deposit.
3.F shall lend KRW 91 million to the Defendant, and the Defendant shall repay the loan within three months, and the interest shall be paid in 2,50,000 per month.
4. The Plaintiff and F agree to set up a pledge on the deposited deposits with H Company’s recovery expenses.
5. The defendant shall pay the above amount of pledge as follows:
1) The interest shall be paid in installments in the amount of KRW 60 million on the fifth day of each month from October 5, 2014 to the fifth day of each month for a year from October 5, 2014, 2% of the remaining amount of the bonds shall be paid on the fifth day of each month from October 5, 2014.
(3) Incentives of October 12, 200, 11,000 won, 11,000 won per month between October 5, 2014 and 30 months (except for 1,200,000 won per month) shall be paid KRW 10,00 won per month. 4) In order to secure the implementation thereof, the Defendant shall notarized each of the Promissory Notes of which the Plaintiff as the addressee and KRW 225,00,000,000 are Promissory Notes of which the Plaintiff as the addressee, respectively.
(Date 5, 2015) The implementation of each paragraph shall be made on October 5, 2015.