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(영문) 서울중앙지방법원 2017.01.06 2015가단5391300
약정금
Text

1. The Defendant’s KRW 34,411,404 as well as 5% per annum from January 20, 2016 to January 6, 2017 to the Plaintiff.

Reasons

1. On July 10, 2014, the Plaintiff entered into an agreement with the Defendant to participate as a director of the company that the Defendant acquired and substantially operates (hereinafter “instant agreement for the participation of directors”).

On November 6, 2014, the Plaintiff was registered as the owner of the instant passenger car (hereinafter referred to as “instant passenger car”) and was registered as the business operator of the mutual cosmetics, etc. (hereinafter referred to as “C”) on December 7, 2014.

On March 1, 2015, the Defendant: (a) prepared the data on the present status of loans as of February 28, 2015 to the Plaintiff; and (b) ordered the Defendant to be responsible for the repayment of the said loan; (c) the details of the loan consisting of the installment payment for the instant passenger car that was borne by the Plaintiff in the name of the Plaintiff; (d) the lending company’s obligation from the lending company; and (e) the national card, the card, and the credit card payment obligation on the new card.

On April 8, 2015, the Plaintiff and the Defendant agreed to terminate the instant contract, and drafted a settlement agreement (Article A(7) and the agreement based on the instant settlement agreement (hereinafter “instant settlement agreement”). The main contents of the agreement are as follows.

1. The amount of debts of the defendant: 53,926,00 won;

2. The defendant shall repay the above amount to the plaintiff by the end of February 2016.

3. The defendant shall implement the change of the name of the car in this case as soon as possible.

4. The instant car is kept in the name of the Plaintiff, and the shampoo and 950 shampoo are kept in the Plaintiff’s own custody.

Provided, That the plaintiff may sell 13,000 won per opening to the defendant.

As of March 17, 2015, attached to the instant settlement agreement, “the debt status list as of March 17, 2015,” added some changes to “data on the present status of loans as of February 28, 2015,” and included the said KRW 53,926,000 (hereinafter “the instant settlement amount”), and the said details are as follows.

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