약정금
1. The Defendant shall pay to the Plaintiff KRW 33,00,000 as well as 15% per annum from November 10, 2015 to the date of full payment.
1. In full view of the purport of the entire pleadings as to the statement No. 1 of the facts of recognition, the Defendant paid KRW 33,000,000 to the Plaintiff on April 4, 2013 in 300,000 each month, and written an agreement that the Plaintiff would file a complaint against the Defendant in the event that the Plaintiff is going to commit an undertaking, and the Defendant may recognize the fact that the said amount has not been paid once, and there is no counter-proof.
2. The plaintiff's claim asserted that since the defendant agreed to pay 33,000,000 won per month by 300,000 won per month, the defendant is liable to pay 33,000,000 won and damages for delay to the plaintiff.
In light of the above facts, it is reasonable to view that the Defendant’s agreement to pay KRW 33,00,000 to the Plaintiff each month the Defendant paid KRW 300,000 per month to the Plaintiff is delayed the payment period of KRW 300,000 where the Defendant performs the obligation to pay KRW 300,000 per month. Since the Defendant did not perform the above payment obligation, the Defendant is liable to pay KRW 33,00,000 in full to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff 3,00,000 won and damages for delay at the interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 10, 2015 to the day of full payment, which is the day following the date of the above agreement, which is the day of delivery of a copy of the application for the payment order of this case filed by the plaintiff.
3. Judgment on the defendant's defense
A. Defendant’s defense (1) The Defendant’s declaration of intention by coercion was supplied by the Plaintiff and brought goods more goods than the amount paid to the Plaintiff and brought damages to the Plaintiff. However, the Plaintiff forced the Plaintiff to sign the above agreement while causing damages to KRW 33,00,000, and the Plaintiff refused to sign it, thereby spreading the content to the industry, and reporting to the police and informing his family members of the agreement.