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(영문) 제주지방법원 2018.05.10 2016가합215
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,063,007,042 and the interest rate of KRW 15% per annum from April 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 11, 2016, the relevant Plaintiff, as a company conducting the construction and operation of golf courses, concluded rehabilitation procedures, and changed the trade name from C to A on May 31, 2016.

From May 26, 2005 to May 13, 2010, the Defendant served as the Plaintiff’s representative director, and the Plaintiff’s intra-company director from May 13, 2010 to August 29, 2012.

B. The Defendant agreed to pay money to the Plaintiff four times as stated in the following table.

On December 2011, 201, 253,000,000,000,00 A2 and 2 of the nominal agreed amount (units: Won) No. 1 D around 250,00,000,000 A and 2 of the Securities and Exchange Co., Ltd. (on short-term loans, deposits in individual accounts) around December 2010, around 2010 and around December 253, 200,000,000 A and 40,000,000,000, A and 55,896,297,297,000 for joint and several surety payment around April 27, 2011, around 62, 2011, A and 15,000,000,000,000,000 for a short-term loan under the title agreement.

C. On March 9, 2012, the Defendant borrowed KRW 72,565,710 from the Plaintiff as of December 31, 2012.

On May 26, 2009, the Defendant borrowed KRW 4 billion from E from May 26, 2009, and on the same day, the Plaintiff jointly and severally guaranteed the above loan obligation.

E filed a lawsuit against the plaintiff for joint and several sureties(Seoul Central District Court 2012Gahap2922). Among the above lawsuit, the plaintiff paid 2.5 billion won and damages for delay to E was adjusted.

Accordingly, from November 29, 2012 to January 30, 2013, the Plaintiff paid KRW 3,379,104,109 in total to E.

E. On February 12, 2013, the Defendant entered into an agreement on the cost of transferring the name of the vehicle and agreed to deduct all the costs for the transfer of the vehicle in operation of the Plaintiff from the benefits. On the same day, the Defendant issued to the Plaintiff an application for benefit deduction with the aforementioned content on the same day.

Three motor vehicles as shown below.

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