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(영문) 서울동부지방법원 2018.12.06 2017가합112094
약정금
Text

1. The Defendants: (a) KRW 245,00,000 for each Plaintiff and 5% per annum from January 10, 2018 to December 6, 2018.

Reasons

1. Facts of recognition;

A. On October 2012, the Plaintiff: “Around May 2012, 201, Defendant B deceptioned the Plaintiff, and had the Plaintiff take over the Plaintiff’s obligation (i.e., KRW 40 million) from May 6, 2008 to May 19, 2008; Between May 2008 and Haman, the Plaintiff acquired 30 million won from the Plaintiff on several occasions under the pretext of alcohol value and business expenses for the Plaintiff during the period from May 2009 to May 2009; B/6 million won from the Plaintiff from March 12, 2009 to December 201; and B/6 million from December 19, 2008 to the Plaintiff; and B/60 million from December 19, 2011 to the sum of damages to the Plaintiff.”

B. On May 17, 2014, the Plaintiff drafted a written agreement between Defendant C and D to the effect that Defendant C and D would pay to the Plaintiff KRW 5 million each month for five years (hereinafter “instant agreement”).

Defendant B deposited KRW 5 million in the Plaintiff’s account on the same day.

C. On the same day, the Plaintiff prepared and ordered the withdrawal of the complaint against the Defendant B.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of the whole pleadings]

2. Determination

A. In full view of the facts of the above determination as to the cause of the claim, the evidence as seen earlier, and the purport of the entire arguments as to Gap evidence Nos. 7 through 11 (including each number), the plaintiff and defendant B agreed on May 17, 2014 to pay KRW 250 million to the plaintiff by taking into account the amount of damage, etc. on or around May 17, 2014; the defendant C, and D also agreed on May 17, 2014 to pay in installments the plaintiff KRW 250 million as a guarantee for the defendant B's obligation; the defendants failed to pay the remaining amount after paying the plaintiff KRW 5 million to the plaintiff on May 17, 2014.

According to the above, the defendants' remaining agreement amounting to KRW 245 million to each plaintiff, unless there are special circumstances.

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