(영문) 서울북부지방법원 2015.02.06 2014가단120130

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(영문) 서울북부지방법원 2015.02.06 2014가단120130

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 7 and Eul evidence Nos. 4 to 6:

On June 2005, the Plaintiff and the Defendant agreed to make an investment of KRW 50,000,000 to operate a credit business as a partnership business, registered the business in the name of “C” in the name of “C,” and operated a credit business using the Defendant’s account.

B. On April 16, 2007, the Plaintiff and the Defendant agreed to liquidate the above business, and the Defendant agreed to pay the settlement amount for the existing investment and loan to the Plaintiff as follows (hereinafter “instant agreement”).

(1) Of the Plaintiff’s investment funds, the Defendant paid to the Plaintiff KRW 480,000,000, half of the interest, out of which the Defendant lent to D, and if the principal collection is not possible within three months after the agreement, the Defendant shall pay to the Plaintiff immediately.

(2) The Plaintiff’s loan of KRW 30 million to the Defendant shall be paid 5% interest per month from the end of April 2007, and when interest is overdue for at least two months, the principal shall be immediately repaid.

(3) With respect to KRW 10 million lent to the Defendant by the Plaintiff, KRW 2 million shall be repaid in installments on April 2007 and May 2007, and the remaining KRW 9 million shall be paid interest rate of KRW 2.5% from the end of April 2007, and when interest is overdue for at least two months, the principal shall be immediately repaid.

(4) In addition, the defendant shall pay the following money to the plaintiff:

“C” office deposit amounting to KRW 5 million shall be paid up to December 2, 2007 by the end of the office immediately after organizing the office, and the remaining 75 million won shall be recovered until the end of December 2007, but 25 million won out of the recovered money shall be paid to the Plaintiff first.

C. After the agreement of this case, the Defendant paid 5 million won to the Plaintiff the office deposit amount on June 5, 2007.

2. The plaintiff is the plaintiff of this case.

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