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The defendant shall pay to the plaintiff KRW 95,128,767 and KRW 90,00,000 among them, from April 23, 2020 to the date of full payment.
Reasons
1. Basic facts
A. On April 23, 2017, the Plaintiff and the Defendant established a company for the purpose of textile export and import business, etc. by investing KRW 100 million each other, and entered into a contract for funding for the establishment of a company with the purport of paying the Plaintiff 40%, Defendant 40%, and the remainder 20% to the stock owners. Accordingly, on April 25, 2017, the Plaintiff established C Co., Ltd. (hereinafter “C”), and the Plaintiff and the Defendant respectively appointed as an internal director.
B. After that, on March 13, 2018, the Plaintiff and the Defendant: (a) drafted a written agreement that “the Plaintiff received KRW 45 million from the Defendant by the end of December 2018 instead of giving up the current equity shares; and (b) the Plaintiff and the Defendant agree to additionally receive KRW 45 million by the end of December 2019 (hereinafter “instant agreement”); and (c) upon commission of the Plaintiff and the Defendant, the Plaintiff, at the same request of the Plaintiff and the Defendant, lent KRW 90,000,000 from the Defendant on March 13, 2018, and the Defendant borrowed it.
The above borrowed loan shall be repaid in installments in the amount of KRW 45 million on December 31, 2018 and KRW 45 million on December 31, 2019, and if payment in installments is delayed once, the money loan notarial deed stating that the payment in installments will lose the benefit due to the above borrowed loan obligation and immediately repay the remainder in full shall be referred to as the "notarial deed of this case".
C. The Defendant does not pay to the Plaintiff the agreed amount in accordance with the instant agreement or notarial deed until now. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence Nos. 1 and 6, and the purport of the entire pleadings.]
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 90,000,000 under the agreement in this case and delay damages thereon, unless there are special circumstances.
B. Determination of the Defendant’s assertion 1, the Defendant, around May 2018, concluded with the Plaintiff and the instant agreement.