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(영문) 서울동부지방법원 2017.12.21 2017가합566
합의금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 4, 2014, the Defendant sent to the Plaintiff a document (Evidence A 1) to the same effect as the agreement set forth in the following sub-paragraph (b) with the title of “a promise to assist the business of party affairs, etc. to pay for the contribution and loan.”

On July 14, 2014, the Defendant drafted and implemented a written agreement (Evidence A6, hereinafter “instant agreement”) stating the following purport to the Plaintiff:

1. The amount that the defendant should pay to the plaintiff

(a) Amount under the decision of payment order issued by the Seoul Eastern District Court 2012 tea 3390: 20 million won;

(b) Borrowings: 65 million won;

(c) Total amount of 265 million won;

2. Details of agreement;

A. The Defendant shall pay to the Plaintiff KRW 265 million within one month after the public notice of the decision of the large-scale district unit plan D in Yangyang-si, Namyang-si.

B. Where the defendant fails to pay the above money to the plaintiff within the above deadline, the interest calculated at the rate of 20% per month shall be paid to the plaintiff.

C. 53 million won already paid by the Defendant to the Plaintiff for the purpose of repaying the loan shall be appropriated to the interest, and the Defendant shall pay the principal to the Plaintiff KRW 65 million.

(tentative) In carrying out the project of the Local Housing Association Promotion Committee under the agency of the Defendant (tentative name) as the Plaintiff contributed to the financing of funds, selection of construction works, support for sales agency, etc., it shall issue a payment guarantee letter that the Plaintiff will be granted free of charge within one month after the public announcement of the decision of district unit planning that the Plaintiff will secure at the Defendant’s expense and pay the Plaintiff free of charge.

It shall be deemed to have been issued even if the payment guarantee is not issued even after the above period expires.

E. The Defendant is a joint and several surety under a monetary loan agreement concluded between E (creditor) and F (debtor) on August 12, 2013, and F is obligated to repay the loan to E by December 30, 2013. However, since the Defendant did not perform this, the Defendant is obligated to pay 200 million won to the Plaintiff pursuant to subparagraph 1(a).

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