logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.08.20 2019가합52298
합의금
Text

The defendant shall pay to the plaintiff 350,000,000 won with 12% per annum from August 17, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On August 14, 2013, C Co., Ltd. (hereinafter “Nonindicted Company”) agreed to repay the principal and interest of the borrowed amount after borrowing KRW 200 million from the Plaintiff to the F land until December 30, 2014 in order to raise the acquisition fund for the land D, E (hereinafter “F land”) and the building on the ground.

On the other hand, the defendant guaranteed the non-party company's above loan obligation against the plaintiff.

I undertake to settle all amounts at the end of the F site of daily gold KRW 350,000 (F KRW 200,000, G KRW 100,000).

B. On October 6, 2016, the Defendant prepared and issued a written confirmation with the following content to the Plaintiff.

The debtor's creditor: the sum of the F-investment amount of KRW 20 million, G 10 million, H 50 million, - Upon completion of the above F-investment amount of KRW 200 million, the sum of the principal amount of KRW 200 million and the profit of KRW 150 million shall be paid, and at the time of sale, the principal amount of KRW 250 million and interest shall be paid.

- G and H 150 million won should be paid first in the event of the occurrence of the F apartment early financing.

- It promises to pay principal and interest at the time of development of the land in Sung-gun I, J and adjacent (hereinafter referred to as "Ki land") in the event that the above two solutions are not possible.

C. On May 23, 2017, the Defendant drafted and issued to the Plaintiff a written agreement with the following content (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendant shall pay the Plaintiff the F land-related debt KRW 200 million when completing or selling the instant apartment in accordance with the instant agreement, and the remainder of the debt KRW 150 million shall be paid when the initial loan related to the instant apartment construction arises, and the Defendant is unable to perform the above payment obligation.

arrow