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Reasons
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(영문) 수원지방법원 2019.01.16 2017가합3584
약정금
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1. The defendant shall pay 50,000,000 won to the plaintiff and 20% per annum from July 1, 2009 to the day of complete payment.

Reasons

1. Basic facts

A. On September 8, 2008, the Plaintiff and C Co., Ltd. (hereinafter “Defendant et al.”) requested funds from the Plaintiff during the process of the loan new construction and sale business, and the Plaintiff provided funds to the Defendant et al. on several occasions. On February 28, 2008, the Plaintiff and the Defendant et al. agreed to pay the fixed amount of KRW 350,000,000 and the fixed amount of KRW 50,000 with respect to the redemption of the support fund, and the special performance amount of KRW 50,000,000 with respect to the redemption of the support fund by August 31, 2008. However, the Defendant et al. agreed to pay KRW 100,000,000 with the advance payment amount of KRW 50,000,000 and KRW 100,0000 with no payment until now.

B. On December 30, 2008, the following adjustments were concluded between the Plaintiff and the Defendant, etc. in the course of the said lawsuit:

(1) The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000,000 among the above amounts until June 30, 2009, and KRW 100,000,000 shall be paid until June 30, 2010. If the Defendants fail to pay KRW 200,000,000 by June 30, 2009, the Defendants shall lose the benefit of the due date and pay KRW 550,000,000 immediately, and if each of the above amounts is not paid by the due date, damages for delay shall be paid at the rate of 20% per annum from the date following the date of payment to the date of full payment.

2. The Plaintiff shall cooperate for the smooth progress of the instant business.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. On December 28, 2017, the Plaintiff filed the instant lawsuit against the Defendant for the interruption of extinctive prescription of a claim based on the instant conciliation protocol. D.

On the other hand, the defendant, after the mediation of this case is completed.

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