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(영문) 서울남부지방법원 2018.03.29 2017가단25530
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 90 million with 15% per annum from March 30, 2018 to the date of complete payment.

Reasons

1. The fact of recognition ① on October 20, 2006, the Plaintiff remitted KRW 200 million to the Defendant’s account, and on December 27, 2006, remitted KRW 100 million to the Defendant’s account of C Co., Ltd (hereinafter “C”) with the representative director.

② On December 27, 2006, D Co., Ltd., the representative director of the Plaintiff (hereinafter “D”) made a sale agency contract (Evidence 2) on December 27, 2006, stating that D will receive the payment of KRW 300 million among the payment of KRW 100 million to C by February 28, 2007, and that the remaining KRW 200 million will be returned within six months after preparing the sales agency contract.

③ The Plaintiff returned KRW 200 million out of the above money, but did not receive the remainder of KRW 100 million, and was subject to a decision of provisional seizure on real estate owned by the Defendant with the claim for the amount of KRW 100 million and interest thereon as the claim amount.

(Court) On June 24, 2016, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 100 million amount on September 28, 2017, and withdrawn the lawsuit on October 13, 2016.

(4) The Plaintiff and the Defendant drafted an implementation agreement to the effect that “The Defendant shall pay the Plaintiff KRW 10 million on October 10, 2016 and KRW 10 million on October 2016, and the Plaintiff shall withdraw the lawsuit and cancel provisional attachment. The Defendant shall participate in the future construction project and provide the Plaintiff with its business benefits.”

⑤ On October 10, 2016, the Plaintiff received KRW 10 million from the Defendant, but failed to receive the remainder.

[Grounds for recognition] The items of evidence Nos. 1 to 10, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. As to the Plaintiff’s assertion that he lent money to the Defendant individual, the Plaintiff transferred money to the Defendant or C’s account as described in 1.1.

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