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(영문) 서울동부지방법원 2020.07.02 2019가합114223
약정금
Text

1. The defendant shall pay to the plaintiff KRW 238,00,000 and KRW 210,000 among them, from July 31, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On November 29, 2010, the Plaintiff entered into an investment agreement with the Defendant (former name: C), D, E, and F (hereinafter collectively referred to as “the Defendant, etc.”) to jointly carry out a business with the content that the Defendant, etc. will build and sell neighborhood living facilities on the G ground in the Guri-si (hereinafter “instant business”), with the Plaintiff’s investment in terms of business expenses, but the interest shall be paid at a rate of 3.3% per month after deposit, and the interest shall be paid at a rate of 20% per month after payment, and upon completion of the instant business (hereinafter “instant investment agreement”). Accordingly, the Plaintiff paid the Defendant, etc. a total of KRW 150 million on the day of the said agreement, KRW 60 million,000,000,000,000 won on February 1, 201, KRW 300,000,000,00 won on March 29, 2011.

B. Since then, the Defendant et al. returned to the Plaintiff KRW 90 million out of the instant investment amount to KRW 300 million, and did not fully pay interest, etc. under the instant investment agreement. Accordingly, the Defendant et al. concluded that the Plaintiff jointly and severally agreed to pay the Plaintiff KRW 28 million in the interest name for a period of four months until June 30, 201, and that the remainder of the investment principal KRW 210 million and interest thereon shall be paid by July 15, 201.

(hereinafter “instant payment agreement”). C.

However, the defendant et al. is the plaintiff.

Until July 30, 2012, the Plaintiff agreed on July 17, 2012 between D and E to receive KRW 84 million (=6,00,000 x 14 months) in the name of interest on the instant investment and KRW 294,00,000 in the remainder of the investment principal.

(hereinafter referred to as “instant agreement”). [The grounds for recognition] does not dispute, each entry in Gap evidence 1 through 6 (including each number), and all pleadings.

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