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(영문) 서울중앙지방법원 2019.11.15 2018가단5277610
약정각서금 청구의 소
Text

1. The Defendant’s KRW 91,775,173 among the Plaintiff and KRW 40,075,173 among the Plaintiff, shall be KRW 51,70,000 from October 1, 2017.

Reasons

1. Facts of recognition;

A. The Defendant is the representative of C Co., Ltd. (hereinafter “C”). On March 27, 2017, the Plaintiff, who traded goods with C, drafted a letter of default on the amount of arrears on the purchase price of March 27, 2017 (hereinafter “first letter”) and a letter of payment on November 13, 201 of the same year (hereinafter “second letter”).

[The first letter] There is a fact that the above person is in arrears of KRW 78,370,187 of the purchase price incurred between March 2016 and August 2016 of the business D.

Accordingly, from March 17 to March 17, 100, the 10,000 won approval will be paid each month.

In addition, I undertake to pay the amount of 86,057,00 won in total and the amount of 78,370,187 won in total on the designated date.

17. March 31, 17: C 8,52,014 April 10, 17: C 9,324,135 April 25, 135: D 10,00,000; D 15,556,676 on April 30, 17, 17: He/she shall be liable for non-performance; he/she shall be liable for any non-performance; he/she shall be subject to any disposition; he/she shall be able to verify the absence of objection; and he/she shall write down according to the free and careful judgment of each person.

The time limit for approval: February 17 to September 17, 17, the above person promises to pay the amount of the unpaid approval of the plaintiff as follows. If the promise is not fulfilled, he shall be responsible for the non-performance, and even if he/she fails to do so, he/she shall confirm that he/she has no objection, and shall do so according to the free will of the person himself/herself and prudent judgment.

17/11/24: 7,00,000 won (credit Card Resolution) 17/12/4: 35,000,000 won 18/1/5: 30,000,000 won 18/1/24: 5,000,000 won 18/2/5: 30,000,000 won: 107,000,000 won, the plan thereafter will be re-established at the beginning of 2018.

B. The Defendant paid a total of KRW 179,652,014 to the Plaintiff in accordance with the instant 1 and 2 copies.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 4 (including the serial number), and the whole pleadings.

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