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1. The Defendant shall pay to the Plaintiff KRW 63,528,156 and the annual rate of KRW 5% from April 1, 2014 to the date of complete payment.
Reasons
1. Basic facts
A. On December 12, 2008, the Plaintiff, the Defendant, and the Nonparty C invested KRW 60 million in each of them and jointly operated the automobile maintenance factory under the trade name of “E” from the automobile maintenance factory located on the ground of Gyeonggi-gu, Gyeonggi-do, and five lots of land (each of the above land and the above factory buildings are owned by the Defendant), and the name of the representative of the said industrial company entered into a partnership agreement with the Plaintiff (hereinafter “instant partnership agreement”).
B. On December 20, 2013, the Plaintiff and the Defendant transferred the business of the foregoing industrial company to a third party, and the proceeds of the transfer are paid in full by the Defendant. However, the Plaintiff and the Defendant agreed to pay to the Plaintiff a penalty of KRW 50 million if the Defendant fails to repay the above obligation by the above deadline (hereinafter “instant agreement”) by December 31, 2013, including the obligation to pay the unpaid status of parts transaction places and the unpaid status (total KRW 103,672,702) incurred externally in the Plaintiff’s name while operating the said industrial company.
C. On January 20, 2014, the Plaintiff and the Defendant drafted a letter of undertaking to waive all rights related to the operation of the said industrial company (hereinafter “instant letter of undertaking”) on the condition that the Defendant repays the obligation arising from the transaction until the same date.
The amount of debts borne by the business partner due to the operation of the above industrial company from December 1, 2013 to January 20, 2014 shall be as specified in the attached Table of Additional Obligations.
E. The Defendant paid only part of the obligations indicated in the attached Form No. 1 and the current status of the arrears of the attached Form No. 1 and the obligations indicated in the attached Form No. 1, and the Plaintiff’s claim for payment from the date of the instant agreement to October 7, 2014, respectively, as indicated in the attached Form No. 1. 1.