(영문) 의정부지방법원고양지원 2019.11.27 2018가단73337

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(영문) 의정부지방법원고양지원 2019.11.27 2018가단73337

청구이의

Text

1. The Defendant’s protocol for the Defendant’s purchase and sale of shares in the Jinyang District Court 2012 money 1970 shares.

Reasons

1. Facts of recognition;

A. C filed a lawsuit against the Plaintiff on the claim for the purchase price of shares with the Ji Government District Court Goyang Branch (hereinafter “Syang Branch”) 2012Kahap2453, and on June 12, 2012, as follows, the conciliation of the following (hereinafter “instant conciliation”) was established: (a) Goyang Branch 2012Ma1970.

1. The Defendant (A) shall be paid KRW 100 million to the Plaintiff (C) on three occasions, and each of them shall be paid KRW 25 million on September 15, 2012, KRW 25 million on December 31, 2012, KRW 25 million on three occasions, and KRW 50 million on June 30, 2013.

If the defendant fails to comply with the payment of the above installment at one time, the defendant shall lose the benefit of the time and immediately deduct the money paid at KRW 150 million, and shall pay the remainder with interest of KRW 150 million plus damages for delay calculated at the rate of 20% per annum from the day following the day of loss of the benefit of time to the day of full payment.

2. Where the Defendant pays the Plaintiff KRW 85 million out of the KRW 100,000,000,000 as stated in paragraph (1) without delay, by December 31, 2012, the Plaintiff is exempted from the remainder against the Defendant.

- Not more than -

B. After that, C transferred the claim under the instant conciliation protocol to the Defendant, and the Defendant applied for grant of the succeeding execution clause for compulsory execution against the Plaintiff on or around September 2015, and was issued an succeeding execution clause at that time.

C. On October 5, 2015, the Plaintiff and the Defendant drafted a claim and debt agreement with the following content (hereinafter “instant agreement”).

Debt Amount: full amount of the purchase and sale price of the shares 2012 Sys 1970

1.With respect to the above amount of debt, the obligor (Plaintiff) agrees to pay to the obligee an amount of KRW 80,000,000,000.

(2) Until October 5, 2015, the payment of KRW 30 million shall be made, and KRW 50 million shall be made, December 10: Provided, That even once, if the repayment date exceeds the due date, the payment shall be made by means of loss of the due interest and full repayment of the original obligation.

3. The deposit account shall be deposited into the creditor’s agent (see delegation).

Nonghyup D. .

유사 판례

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