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Reasons
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(영문) 부산지방법원 2020.01.16 2019가단421
약정금
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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 6% per annum from January 11, 2012 to March 13, 2015.

Reasons

1. Basic facts

A. On April 30, 2015, the Plaintiff filed a claim for loans against C and D with Busan District Court Decision 2014Kadan100999, and the judgment of the court below that “C and D shall jointly and severally pay to the Plaintiff 100,000,000 won and the amount equivalent to 6% per annum from January 11, 2012 to March 13, 2015, and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”). The judgment of this case became final and conclusive around that time.

B. On October 24, 2018, the Plaintiff drafted a written agreement with the Defendant, the denial of C and C (hereinafter “instant agreement”) as follows (hereinafter “instant agreement”).

Agreements

1. The debtor C and the defendant's wife shall pay 30,000,000 won out of the principal amount of the judgment of this case 100,000,000 won until December 30, 2018, and the 60,000,000 won shall be paid until June 30, 2019. If the debtor and the defendant shall pay the principal and interest of the judgment of this case to the debtor and the creditor (the plaintiff) every day on the date of implementation, without delay.

2. A creditor shall, upon this agreement, submit to October 24, 2018 a criminal withdrawal statement in a criminal case pending in the Busan District Court nine single-class (2017 High-class 5842).

3. When the debtor's and the debtor's wife pay 90,000,000 won not later than each of the above paragraph 1, they waive all rights to the judgment of this case and cancel all civil measures attached to the debtor.

C. Meanwhile, C and the Defendant did not pay the Plaintiff money under the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since C and the Defendant did not pay the Plaintiff money under the instant agreement, the Defendant did not pay the Plaintiff the amount of KRW 100,000,000 per annum from January 11, 2012 to March 13, 2015, and the following day to September 30, 2015.

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