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(영문) 서울서부지방법원 2015.12.11 2015가단231347
약정금
Text

1. The Defendant’s KRW 70,000,000 as well as to the Plaintiff’s KRW 12% per annum from December 31, 2013 to September 16, 2015.

Reasons

1. Facts of recognition;

A. On March 25, 2011, the Plaintiff filed a criminal complaint (hereinafter “the first criminal complaint case of this case”) with C, a joint guarantor of the Defendant, for fraud, against D (the representative director of C, a joint guarantor), network E (the representative director of F, a joint guarantor), and the Defendant (the president of F, a joint guarantor), who is the person responsible for investment contracts, as a joint guarantor of C, to enter into an investment contract with China futures trading system operation contract, and to pay investment amount of 200 million won. On March 2013, 2013, the Plaintiff filed a criminal complaint against C, a suspect D, E, B, and the primary criminal complaint of this case (hereinafter “the first criminal complaint case”).

B. As to the instant criminal complaint case on June 28, 2013, the Plaintiff and the Defendant: (a) remitted KRW 100 million out of the investment principal to the Plaintiff’s designated account until July 1, 2013; (b) the Plaintiff, upon transfer, shall submit to the police and the prosecutor’s office a written request for suspension of investigation, suspension of investigation, and suspension of suspended indictment. The Defendant shall pay KRW 120 million to the Plaintiff by December 29, 2013; and (c) the Plaintiff may, if not performed, again request an investigation to the investigative agency. Upon payment of any balance, the Plaintiff may withdraw the complaint and not file all civil criminal lawsuits and complaints against the Defendant (hereinafter “the first agreement”).

C. The instant criminal complaint case was dismissed at the Incheon District Prosecutors’ Office on July 26, 2013, as the Plaintiff received KRW 100 million from the Defendant pursuant to the instant first agreement and requested an investigative agency to suspend investigation on the grounds of agreement and repayment procedures.

With respect to the instant first criminal complaint case around December 3013, 2013, the Plaintiff and the Defendant shall pay 50 million won, out of the remainder of the existing agreement, 120 million won, to December 31, 2013, and 70 million won by June 30, 2014: Provided, That the remainder of 70 million won shall be paid by adding interest at 12 percent per annum when repayment is made on June 30, 2014. The Defendant is liable to pay the remainder of 12 million won (in the event of default and partial repayment).

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