(영문) 부산지방법원 2017.09.08 2016가단6213

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(영문) 부산지방법원 2017.09.08 2016가단6213

약정금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 1, 2008, the Defendant prepared and delivered a written confirmation of performance of payment to the Plaintiff, stating that “In favor of or on the case of a lawsuit seeking confirmation of the existence of an obligation for the amount of KRW 5 billion in the Busan District Court 2008Gahap12593 (hereinafter “instant lawsuit”), the Defendant shall confirm that the amount of KRW 190 million in the Plaintiff’s investment should be paid to the Plaintiff under the following conditions:

(2) The Plaintiff and the Defendant agreed to pay the amount of compensation to the Plaintiff for the instant lawsuit, which is not based on the obligation relationship between the Plaintiff and the Defendant, and which is in progress with respect to promissory notes owned by the Defendant (five billion won). However, this confirmation becomes effective at the time of winning the instant lawsuit or entering into an agreement. (2) In the event of matters necessary for the authentication of this confirmation and the implementation of the confirmation, the Plaintiff and the Defendant agreed to proceed with each other.

B. As a result of the instant lawsuit, the non-party company and three other parties (hereinafter “non-party company, etc.”) did not have any obligation against the Defendant (the agreed amount related to promissory notes, etc. issued and delivered by the non-party company to the Defendant) of KRW 5 billion at the face value (5 billion at face value) based on the cash custody certificate of April 8, 2008 against the Defendant.

In the lawsuit of this case where the plaintiff filed a principal suit seeking confirmation, the defendant filed a counterclaim against the non-party company, etc. for payment of KRW 500 million as part of "five billion agreed amount based on the cash custody certificate of April 8, 2008" [the Busan District Court 2008Gahap12593 (principal suit), 2008Gahap19853 (Counterclaim)]. The above court dismissed all the claims of the non-party company, etc. on November 12, 2008.

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