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Reasons
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(영문) 수원지방법원평택지원 2017.11.01 2017가합9222
약정금
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1. Money calculated by the ratio of 2 million won per month from September 1, 2017 to December 31, 2018 among the instant lawsuit, and 200 million won and its amount.

Reasons

1. Facts of recognition;

A. In around 2007, the Plaintiff invested KRW 250 million equivalent to the share of 12.22% in the wedding hall, “D” located in Pyeongtaek-si C9th (hereinafter “instant wedding hall”).

B. The instant wedding hall had six investors, including the Plaintiff and E, but the remaining four investors, excluding the Plaintiff and E, recovered the investment money, and the Defendant entered the said place as an investor instead.

C. In addition to the above investment amount of KRW 250 million, the Plaintiff directly operated the outer part of the instant wedding hall business (unusedd and dice) with a deposit of KRW 150 million. The Plaintiff lent KRW 120 million to the said partner with the operating fund of the instant wedding hall.

On September 12, 2013, the Defendant acquired each of the investment shares in the instant wedding hall from the Plaintiff and E, and agreed with the Plaintiff as follows (hereinafter “instant agreement”):

1. Of the shares invested by the Plaintiff 12.22% 250 million won, 200 million won calculated by deducting 450 million won of the company’s liabilities from 12.22% of the company’s liabilities, the rate of 1% per month shall be paid to the Plaintiff on the last day of each month.

The investment principal of 200 million won shall be repaid until December 31, 2018.

2. It shall be reimbursed up to May 31, 2014 with respect to the previous wage of KRW 120 million.

Interest 1.8 million won shall be paid on the last day of each month until repayment is made.

3. On December 31, 2013, the outer part of the business (unused, dice) currently in operation shall continue to exist until December 31, 2013, and shall be reverted to the Company on January 1, 2014;

Deposit KRW 150 million shall be repaid to the Plaintiff as of December 31, 2013.

E. Although the Defendant implemented paragraphs 2 and 3 of the instant agreement, the Defendant paid 1% interest of 2 million won per month to the Plaintiff pursuant to paragraph (1) of the instant agreement only until February 2016, and paid 1.4 million won at will from March 2016 to December 2016.

F. After filing the instant lawsuit, the Defendant: (a) on June 8, 2017; and (b) on June 14, 2017;

5.1.4 million won;

8.12.1 million won;

8. On June 16, 198, the Plaintiff paid each million won to the Plaintiff.

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