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(영문) 인천지방법원 2018.05.16 2018가단200661
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From January 1, 2018, 50,000 won and the defendant B.

Reasons

1. Facts of recognition;

A. On August 4, 2015, the Plaintiff invested KRW 200,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. On August 5, 2015, the Defendant Company registered the Plaintiff as an internal director of the Defendant Company. On August 17, 2015, the Defendant Company completed the registration of the establishment of a mortgage, which is the Plaintiff, on the maximum debt amount of KRW 200,000,000, Defendant Company, and the mortgagee, as to Article 502 of the 5th class D, Yeongdeungpo-gu, Gyeonggi-do.

C. On August 31, 2017, Defendant Company: (a) returned 200,000,000 investment to the Plaintiff until December 31, 2018; (b) agreed to return 50,000,000 won to the Plaintiff until December 31, 2018; and (c) Defendant C (the representative director of the Defendant Company) agreed to provide joint and several surety for the said obligation.

(hereinafter referred to as the "Agreement of this case" in total of the above agreements and joint and several guarantee agreements). / [Grounds for recognition] Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 200,000,000 under the instant agreement. Of them, the period during which KRW 50,000,000 is due is December 31, 2017, and thus, the period during which the Defendants have already arrived.

The remaining 150,000,000 won is due on December 31, 2018. Thus, even though the due date has not yet arrived, as seen thereafter, the Defendants’ assertion of the existence of the above obligation under the instant agreement cannot expect voluntary performance when the above due date arrives. As such, it is recognized that the Plaintiff need to claim in advance KRW 150,000,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 50,000,000, and damages for delay from January 1, 2018, which is the day following the due date for the above payment. On December 31, 2018, the Defendants are obligated to pay KRW 150,000,000 as agreed amount.

B. As to the defendants' defenses, the defendants' assertion (1) of this case's agreement constitutes tort such as intimidation and obstruction of business.

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