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(영문) 인천지방법원 2016.05.03 2015가합2863

약정금

Text

1. Defendant D shall pay to the Plaintiff KRW 500,000,000 as well as 24% per annum from March 14, 2015 to the date of full payment.

Reasons

1. Claim against Defendant D

A. On June 10, 2013, the Plaintiff: (a) lent KRW 300 million to E at the interest rate of KRW 2% per month; (b) due date of repayment on September 30, 2013 (hereinafter “instant loan”); and (c) Defendant D guaranteed the instant loan obligations on the same day.

E and Defendant D failed to repay the instant loan, and Defendant D decided to substitute the instant loan as the down payment under the said lease agreement, on November 25, 2013, when the actual owner of G Hospital newly built on the site of F in e.g., the rehabilitation company B’s bankruptcy-related medical corporation B (hereinafter “Defendant B”) located in the lawsuit of Defendant medical corporation B (hereinafter “Defendant B”) was the actual owner of G Hospital located in the site of e.g., F in e., the Plaintiff and G Hospital funeral hall.

(2) On February 1, 2015, Defendant B entered into a lease agreement on the building and site of the G Hospital (hereinafter “instant lease agreement”). However, on February 23, 2015, Defendant B concluded a lease agreement on the building and site of the G Hospital, and the instant lease agreement became impossible to implement. On March 1, 2015, the Plaintiff agreed with Defendant D (hereinafter “instant agreement”).

The agreed amount following the termination of the instant lease agreement shall be KRW 50 million (the lease deposit KRW 330 million and the termination penalty KRW 170 million), and the method of payment shall be determined by the Defendants, including the deposit deposit KRW 330 million and the partial amount of KRW 120 million out of the termination penalty, until March 13, 2015, and the remainder of KRW 50 million shall be paid until September 30, 2015, and the payment shall be made in lump sum by the Defendants, including the deposit deposit KRW 330 million and the partial amount of KRW 120 million out of the deposit deposit KRW 330 million and the penalty for termination, plus interest at a rate of 2% per month for the balance and the amount.

The Defendants did not pay KRW 450 million by March 31, 2015 under the instant agreement and did not pay KRW 450 million by March 31, 2015, thereby losing the benefit of time. Defendant D is obligated to pay the Plaintiff KRW 500 million, which is the full amount of the agreed amount under the instant agreement.

(b) Confession;