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(영문) 수원지방법원성남지원 2016.10.06 2015가합207699
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 440,000,000 and KRW 400,000 among them, from October 16, 2015 to 40.

Reasons

1. Facts of recognition;

A. Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. On December 9, 2011, the Plaintiff received KRW 575 million from Defendant C and D on December 9, 201, and made sure that the Plaintiff would be paid to the Plaintiff by October 4, 2012, and would pay 39% interest at the rate of 39% per annum if all the amounts are not paid by October 4, 2012. The Plaintiff received a cash storage certificate stating that the Plaintiff would be paid to the Plaintiff by October 4, 201, and Defendant C lent KRW 20 million per annum on December 9, 201 and December 27, 2011 as funds for the sales of the Defendant Company’s building.

C. Furthermore, on April 2, 2012, the Plaintiff, Defendant Company, and D drafted a monetary loan agreement with the content that “The Defendant Company and D shall pay KRW 575 million to the Plaintiff on October 4, 2012, and if all of them are unable to be paid, 39% per annum shall be paid.”

The monetary loan contract is accompanied by the seal impression of the defendant corporation as well as the personal seal impression of the defendant C as well as the seal impression of the defendant corporation.

On March 31, 2015, the Plaintiff filed a criminal complaint against Defendant C as a crime of fraud and continued an investigation by an investigative agency. On July 16, 2015, the Plaintiff and Defendant C drafted the following agreement (hereinafter “instant agreement”) in the presence of an attorney-at-law, as follows.

The plaintiff B (victim) agreement: The plaintiff B shall agree on the claims and obligations between the defendant C Incheon District Prosecutors' Office 2015 type No. 50958 relating to fraudulent cases as follows:

C. Foods

A. A Cash Payment of KRW 200 million (1) A shall be paid in cash to A as follows: (1) The payment method of KRW 50 million on July 15, 2015 (2) KRW 300 million on July 30, 2015 (200 million, including KRW 50 million on August 30, 2015) shall be the method of transferring the payment method to the bank account of Party B below.

(Corporate Bank, Account Number: F

B. After selling “G building 204,” KRW 400 million cash payment of KRW 100,000 after selling “G building 204,00,000 to Party A.

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