(영문) 대전지방법원 서산지원 2018.01.11 2017가합55

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(영문) 대전지방법원 서산지원 2018.01.11 2017가합55

약정금

Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate from August 27, 2016 to March 14, 2017.

Reasons

1. Basic facts

A. (1) On August 27, 2013, the Plaintiff and the Defendant prepared a letter of performance of consultation (hereinafter “instant performance letter”) with the following content, and received certification from the Ministry of Justice No. 205, Sept. 13, 2013, including the notary office C, etc. on September 13, 2013.

When the defendant makes a payment by subrogation of KRW 30 million borrowed by the plaintiff and E from the plaintiff and E, the defendant, the plaintiff and E shall enter into the following agreements and implement them in good faith:

(1) The defendant is liable for KRW 330 million borrowed from the plaintiff and E on August 27, 2013.

(2) The defendant shall preferentially repay the total amount of KRW 30 million on August 27, 2013, out of the total amount of money.

(3) The defendant shall set the grace period for repayment of debts for a maximum of three years from August 27, 2013 to August 26, 2016, and shall give priority to repayment within that period.

(4) The defendant shall not raise an objection to any act of the plaintiff and E when he/she fails to pay in full any balance by the time three years have passed.

(1) As from August 27, 2013, the Plaintiff and E shall, at the same time, carry out the following matters:

(2) The plaintiff and E shall withdraw all civil and criminal lawsuits against Nos. 101, 501, 503, and 504 of the F Building when the plaintiff and E are in progress for D.

③ The Plaintiff and E shall recover and deliver to the Defendant the original borrowed amounting to KRW 720 million received from D.

4. The plaintiff and E shall deliver to the defendant the exclusive rights and delegation of rights received from D.

5. The plaintiff and E shall not be held liable for any civil or criminal liability to the defendant and D due to the above cases.

6. The plaintiff and E shall handle the above matters simultaneously with the receipt of KRW 30 million on August 27, 2013.

7. The plaintiff and E are fully responsible for all matters that arise from the failure to execute the above matters due to a cause attributable to the plaintiff and E.

(2) In accordance with the instant performance memorandum, the Plaintiff received the loan certificate from D.

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