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Reasons
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(영문) 서울고등법원 2020.06.05 2019나2058477
약정금
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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 103,850,063 as well as to the plaintiff on September 2017.

Reasons

1. Details of an agreement on provision and return of funds;

A. On March 27, 2015, C offered KRW 200 million to the Defendant as “investment money” and agreed to receive a refund of KRW 280,000,000 from the Defendant by September 30, 2015 (hereinafter “Agreement 1”), but the Defendant failed to comply with the agreement after the lapse of the said period.

B. Accordingly, on February 17, 2016, the Defendant agreed to pay KRW 320 million in total to C by adding up KRW 40 million in the name of “Arrears” to KRW 280,000,000 on April 30, 2016.

(hereinafter referred to as “the Second Agreement”). (c)

C The sum of KRW 160,000,000, which the Defendant repaid by December 6, 2016, was appropriated to the principal of the claim under an agreement with the Defendant, and calculated the sum of the principal amount of KRW 4,00,000 and the so-called “distribution” of KRW 1,20,000 (hereinafter referred to as the “distribution”) and the total of KRW 1,60,000,000,000,000,000

C on January 20, 2017

C. The Defendant transferred to the Plaintiff the claim for payment of KRW 160 million against the Defendant, which was calculated as indicated, and the Defendant accepted the claim.

E. As above, the Defendant did not pay the Plaintiff the above KRW 1.60 million even if he acquired the claim, it confirmed that the remaining principal amount of KRW 40 million and the dividend amount of KRW 1.22 million were not paid on April 16, 2017, and that the dividends amounting to KRW 1.80,000 according to delay in return of principal amount (hereinafter “the increased amount agreement”) and the so-called “the so-called “amount penalty” due to failure to pay KRW 1.60,000 as of April 30, 2016, which separately pays the amount of KRW 60,000,000 (hereinafter “the fixed amount penalty”. The payment agreement referred to as “the fixed amount penalty agreement”) total of KRW 2.80,000,000 (the principal £« KRW 18,000,000 + the fixed amount of KRW 6,0000,000) shall be paid until April 18, 2016.

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