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Reasons
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(영문) 광주지방법원 2019.07.18 2019가합281
부당이득금
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1. The Defendant’s KRW 60,000 and the Plaintiff’s 5% per annum from January 1, 2019 to January 21, 2019.

Reasons

1. Basic facts

A. The Defendant’s sentence C, stating that “Around October 2014, the Plaintiff did not have a social position to obtain D development project information from the government agencies, such as Ghana or the Veterans Administration in advance, and even if it was not true that D development information was obtained, even if it was paid investment funds from the victims, it would purchase the land subject to selection or would not have an intent or ability to pay the profit accrued from 2 to 3 times the investment funds.” The Defendant’s appeal was filed on April 14, 2017 with the Plaintiff, stating that “A site was confirmed at Ghana, if it was purchased in advance before the State purchased the land, it may be deemed that two to three times the compensation would have been paid.” The Defendant’s sentence became final and conclusive on October 1, 2014 to July 28, 2016, and the Defendant’s appeal was dismissed on the following grounds: (a) imprisonment with prison labor of more than 230,000 won, which was sentenced to the Jeju District Court for 2017Da21717.

(B) The amount of KRW 60,000,000 for the written agreement for payment of KRW 230,000 for the principal debtor C shall be paid to the Plaintiff. The amount of the settlement shall be the amount of KRW 230,000 for the principal debtor C. If the Defendant pays the full amount under the following agreement, the amount of KRW 230,000 shall be extinguished if the Defendant pays the full amount under the following agreement:

Provided, That the defendant shall be liable for the above 60,000,000 won.

Details of performance

1. Gold 10,00,000 won on December 31, 2018;

2. Gold 10,00,000 won on December 31, 2019.

3. Gold 10,00,000 won on December 31, 2020

4. Gold 10,00,000 won on December 31, 2021

5. Gold 10,00,000 won on December 31, 2022

6. If the defendant fails to pay the above amount on December 31, 2023, there is no objection even if the legal procedure is followed.

B. On March 5, 2018, the Defendant drafted to the Plaintiff a letter of commitment with the following content (hereinafter “instant letter of commitment”).

2. Determination on the cause of the claim

A. The Defendant annually from 2018 to 20230 million won to the Plaintiff.

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