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1. The defendant shall pay 67 million won to the plaintiff and 15% per annum from June 9, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. In around 2013, the Plaintiff filed a complaint against the Defendant for occupational embezzlement, etc., and the Seoul Southern District Prosecutors’ Office rendered a decision not to prosecute the Defendant on June 19, 2014 on the grounds that there was no evidence and no prosecution right.
On June 16, 2014, the Plaintiff drafted a written agreement with the Defendant (hereinafter “instant agreement”) with respect to the instant criminal case.
1. The Plaintiff shall receive KRW 167 million from the Defendant (hereinafter “instant amount”) and revoke the instant complaint.
(1) A KRW 100 million shall be paid in cash until June 30, 2014.
② The Defendant’s claim amounting to KRW 67 million from C and D (hereinafter “instant claim for acquisition by transfer”) shall be promptly transferred, i.e., to actively cooperate in the collection of the claim.
(3) The claims to be received from E shall be transferred to A, and actively cooperate in the recovery of claims.
2. The plaintiff and the defendant shall comprehensively agree on all the property relations which were living together from December 2, 2001 to January 2008, and all the property relations, such as disposal of remaining real estate, etc. after the two persons hedge, and they shall not raise any civil or criminal objection against the case in the future.
3.This Agreement shall become null and void if the above terms and conditions of the agreement are not fulfilled.
B. The Plaintiff withdrawn a criminal complaint against the Defendant in accordance with the instant agreement, and entered into a contract with the Defendant on June 18, 2014 under which “C as the debtor and D’s guarantor shall receive KRW 67 million on the Notarial Deed of Promissory Notes issued on May 22, 2014.”
After that, the defendant notified C and D of the purport of the transfer of the above claim by content-certified mail.
C. Pursuant to the instant agreement, the Defendant paid each of the Plaintiff KRW 95 million on June 30, 2014, KRW 200 million on March 19, 2015, and KRW 3 million on March 26, 2015, respectively, to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap's 1 to 3, 5 to 7 (including branch numbers if there are serial numbers; hereinafter the same shall apply) and Eul's 5 each.