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(영문) 울산지방법원 2017.08.30 2017가합22113
약정금
Text

1. The defendant shall pay to the plaintiff KRW 1,007,342,465 and KRW 800,000 among the costs, from April 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of housing construction business and real estate development business, and the defendant is a non-profit corporation that operates the temple called "C" in Gyeongsung-gun B.

D is a corporation established for the establishment and management of a charnel.

E is the representative of defendant and foundation D.

B. D was declared bankrupt by the Busan District Court on February 3, 2015 while it borrowed business funds from the Plaintiff, etc. and failed to repay them.

(B) On January 1, 201, D, a foundation foundation, must pay to the Plaintiff the amount of 1,124,657,000 won of the amount of the bankrupt credit, but it shall be adjusted to KRW 800,00,000 in order to relieve the Defendant from the burden of paying the amount.

With respect to KRW 800,000,000, the Defendant shall pay KRW 80,000 as a performance contract amount (payment on December 30, 2015), ② KRW 150,000,000 on April 30, 2016; ③ KRW 300,000,000 on September 30, 2016; and ④ KRW 270,000,00 on December 30, 2016.

2. The Plaintiff agreed to the withdrawal of the case against D, a foundation, in accordance with the Defendant’s order to repay D’s debt as above, the Busan District Court 2014Hahap5 decided to dismiss the case.

3. If the Defendant fails to pay the amount on the designated date, 20% interest per annum shall be added and the remainder shall be paid in lump sum.

C. On November 19, 2015, the Plaintiff and the Defendant drafted a performance memorandum with regard to the repayment of the obligation of D, an incorporated foundation, in lieu of KRW 800,000,00, which is the amount reduced by the Defendant out of the total amount of KRW 1,124,657,000, which is the amount of the Plaintiff’s debt owed to D, an incorporated foundation, and the Plaintiff agreed to discontinue the bankruptcy of D, the incorporated foundation (hereinafter “instant performance memorandum”).

E and F have jointly and severally guaranteed the Defendant’s obligation to the Plaintiff according to the instant performance memorandum.

The main contents of the instant performance memorandum are as follows.

On October 10, 2016, the Plaintiff and E are the maximum debt amount of the Plaintiff 1,040,000.

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