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(영문) 수원지방법원 2017.05.26 2016가합78888
약정금
Text

1. As to the Plaintiff and the Intervenor Intervenor B, the Defendant: (a) as to KRW 647,524,160 and KRW 584,054,794 among the Plaintiff and the Intervenor succeeding the Plaintiff, and KRW 584,054,794, September 16,

Reasons

1. Basic facts

A. On June 13, 2008, the Defendant entered into a monetary loan agreement with the Plaintiffs to borrow KRW 1,000,000,000 as interest rate of KRW 500,000,000, interest rate of KRW 4% per month, and the due date of payment on November 30, 2008. Of them, the Defendant received KRW 700,000,000 from the Plaintiffs.

After that, on July 11, 2008, the Defendant decided to borrow the loan amounting to KRW 700,000,000 as principal and interest KRW 350,000,00.

(hereinafter “instant loan agreement”). (b)

Criminal complaint and the agreement of this case, etc. 1) The plaintiffs filed a criminal complaint with the defendant as the head of Suwon District Prosecutors' Office 2008Da3473 under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust). However, on February 18, 2009, they agreed with the defendant as follows (hereinafter "agreement of this case").

The above criminal complaint was withdrawn. The plaintiffs and the defendant agreed to the following with respect to the defendant's performance of obligation under the monetary loan agreement concluded on June 13, 2008, and the defendant shall revoke all of the cases of Suwon District Prosecutors' Office 2008Da3473 which filed a criminal complaint against the defendant. (The defendant's obligation under the above monetary loan agreement is KRW 700,000,000, the principal amount of the defendant's obligation is KRW 320,000,000, the interest accrued. The defendant's total amount of obligation against the plaintiffs is KRW 1,020,000,000, and the defendant shall take overlapping measures as follows in order to repay the above debt amount, and the defendant shall bear the defendant's expenses for appointment of the plaintiffs, KRW 40,000,000,000, and interest of KRW 200,000 and KRW 341,000,00,000,000.

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