(영문) 수원지방법원 2017.01.17 2016가합3297

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(영문) 수원지방법원 2017.01.17 2016가합3297

약정금

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1. The Defendant’s KRW 218,983,606 for the Plaintiff and KRW 5% per annum from September 12, 2007 to January 17, 2017.

Reasons

1. Basic facts

A. On June 11, 2007, the Defendant: (a) drafted a letter of payment stating that “the amount of KRW 200,000,000 in daily payment shall be received from C and eight parcels, and shall be paid KRW 350,000,000, including KRW 150,000,000,000 for investment profits, by September 11, 2007.” (hereinafter referred to as “instant letter of payment”; and (b) drafted and implemented an agreement made thereunder to the Plaintiff.

B. On the same day, the Plaintiff issued a cashier’s check with the amount of KRW 140,00,000 to a certified judicial scrivener D through the Defendant on the same day, and paid KRW 60,00,000 to the account under the name of D.

C. On the same day, the Defendant concluded a mortgage contract with the Plaintiff regarding the Plaintiff and the eight parcels, including 1,000,000 won with the maximum debt amount, and accordingly, on June 13, 2007, the establishment registration of a mortgage was completed against the Plaintiff, the mortgagee, and the Defendant as the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, each entry of Eul evidence 1, and the purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff’s primary claim 1) The Defendant is obligated to pay the Plaintiff the agreed amount of KRW 350,000,000,000 and damages for delay pursuant to the instant agreement. (2) The Defendant’s return amount as stipulated in the instant agreement is excessive.

Even if the defendant is liable to pay at least 200,000,000 won borrowed from the plaintiff and damages for delay.

B. The Defendant’s assertion is a factual investment agreement, and the Plaintiff invested KRW 200,000,000 in the land sale business with respect to the eight parcels of land, which was jointly conducted by the Defendant and E, around June 2007, and the Plaintiff agreed to receive the investment profit if the profit was made from the said business, and received the instant payment note from the Defendant.

However, the defendant and E have been in progress.

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