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(영문) 대구지방법원 2019.03.14 2018가단117569
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 87,00,000 and the interest rate of KRW 15% per annum from September 4, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. With respect to the construction of a new factory of the Defendant Company on the ground of Yongcheon-si D (hereinafter “E”) which is the location of the head office of the Defendant Company B (hereinafter “Defendant Company”), the Plaintiff and the Defendant Company entered the Defendant Company as Defendant C on October 14, 2016, and drafted the following agreements:

The plaintiff was paid KRW 3,00,000 among them.

The creditor (the plaintiff) agrees to pay the costs paid by the debtor (the defendant company) as the cost of construction of the factory, patent applications, general expenses, etc. as follows:

1. The confirmation of the amount of claims between the parties shall be 65 million won paid by the creditor as the cost for the construction of the debtor's factory and 25 million won as the total amount of general expenses, including patent applications and patent applications and general expenses of 25 million won.

2. The payment method of the above bonds shall be paid as collateral loans to new factories and land owned by the debtor;

Provided, That if the above loans amount to at least 1.3 billion won, the full amount of the above finalized claim shall be repaid, and if the loans amount to less than 1.3 billion won, the remainder after deducting all of the expenses to be incurred by the debtor, such as factory construction expenses, incidental civil engineering expenses, and land price, shall be repaid. If the debts are not fully paid by the method under the preceding paragraph, it shall be appropriated for the loans of the

(b)

5. He/she shall confirm that there has been an smooth agreement between the parties as above, and shall not raise any civil or criminal objection until the contents of this agreement are faithfully implemented (hereinafter referred to as "contributation");

B. On March 21, 2017, the Plaintiff and the Defendant Company drafted each of the following notes (hereinafter “each of the instant notes”) with Defendant C as a joint and several surety.

90,000,000 won out of the amount of loan granted by establishing a security to a financial institution for the land and building of a new factory after completion of the construction work.

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