beta
Text
1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 15, 2015 to May 28, 2015.
Reasons
1. Basic facts
A. The Plaintiff became aware of C through the Defendant’s introduction, and transferred KRW 50 million to C on July 20, 2012, KRW 38 million to D account designated by C, KRW 38 million on September 21, 2012, and KRW 118 million to E account designated by C on October 5, 2012.
B. From the end of January 2014, the Defendant: (a) drafted, on October 5, 2012, a cash custody certificate (hereinafter “instant custody certificate”) stating that “the Plaintiff shall receive and keep KRW 120 million from the Plaintiff; and (b) immediately return the Plaintiff at the time of the Plaintiff’s request; (c) stated that “the custody certificate was retroactively prepared on October 5, 2012; and (d) stated the phrase “(sureties)” under the indication of the custodian at the time; and (c) drafted and provided the instant custody certificate to the Plaintiff as the custodian.
1. C shall be paid KRW 120 million to the Plaintiff, on condition that the payment deadline shall be January 31, 2015.
2. The Defendant shall pay the Plaintiff KRW 100,000 per month from the following month of the payment period to the time when C pays the Plaintiff KRW 120,000 to the time when C pays the Plaintiff with the joint and several liability of the introduction in the case of the Plaintiff.
3. The plaintiff does not raise any civil or criminal objection after the agreement is reached.
C. On November 26, 2014, the Plaintiff drafted a performance agreement with the Defendant and C as follows (hereinafter “instant agreement”).
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and evidence 7 (including each number), the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case is no longer profitable to maintain the lawsuit of this case, since the plaintiff withdrawn the lawsuit of this case or agreed to file a lawsuit in the form of the agreement of this case.
As seen earlier, Article 3 of the Agreement provides that "the plaintiff shall not raise any civil or criminal objection after the agreement of this case." However, the above provision claims additional money against the contents of the Agreement by the plaintiff, the defendant, and C, or by this case.