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Reasons
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(영문) 서울중앙지방법원 2020.05.27 2020가합502304
약정금
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1. The defendant,

A. The Plaintiff A’s KRW 500,000,000 per annum from April 1, 2019 to December 11, 2019; and

Reasons

1. Facts of recognition;

A. On December 14, 2018, Plaintiff A and the Defendant entered into an agreement with the Defendant to pay KRW 500,000,000 (hereinafter “instant settlement amount”) to the Plaintiff by March 31, 2019 with respect to the new construction and sale business of Overcheon-si D and E ground lending two (hereinafter “instant sale business”). If the Defendant did not pay the said KRW 500,000,000 to the Plaintiff by the said payment date, the Defendant shall pay the Plaintiff a delay payment amount of KRW 500,000 per annum from April 1, 2019 to the date of full payment (hereinafter “instant agreement”). On the same day, the Defendant issued to the Plaintiff a promissorysory note with the amount of KRW 500,000,000 per annum from April 1, 201 to the date of full payment.

B. On January 23, 2017, Plaintiff B’s over-the-counter bank account deposited KRW 180,000,000. On the same day, the Defendant borrowed KRW 180,000 from Plaintiff B with D Housing Construction Funds (hereinafter “instant loan”). On the same day, the Defendant prepared and awarded the loan certificate (hereinafter “instant loan certificate”).

[Grounds for Recognition: Each entry (including paper numbers) in Evidence A Nos. 1 and 2, and the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the plaintiff A the amount of KRW 500,000,000 for the settlement of this case and damages for delay thereof, and the loan 180,000,000,000 for the loan of this case and damages for delay thereof, unless there are special circumstances.

B. The defendant: (1) although the plaintiff A was a partner of the sales business of this case, he pressured the defendant to pay 500,000,000 won of the settlement of this case to the defendant; (2) the plaintiff B lent 180,000,000 won of the loan of this case to G Co., Ltd. operated by the defendant; and (3) the defendant did not lend 180,000,000 won of the loan of this case to the defendant.

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