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(영문) 서울고등법원 2021.01.29 2020나2012880
위약금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the appeal.

Reasons

1. Determination as to the defendants' defense prior to the merits

A. The summary of the defendants' assertion and the defendant B agreed that each payment made by the defendant B related to the return of the investment amount was performed in full and that the defendant B did not raise a civil or criminal objection. The lawsuit in this case is in violation of the above part of the lawsuit agreement.

B. The Plaintiff invested KRW 1 billion in around 2014 to Defendant B.

2) When the Plaintiff demanded the return of the investment amount to Defendant B, on March 27, 2017, Defendant B prepared a letter of payment of the following contents (hereinafter “written payment of this case”) and Defendant C jointly and severally guaranteed the obligations of Defendant B under the respective payment of this case.

Letter of Payment

1. A principal (Defendant B; hereinafter the same shall apply) with respect to KRW 1 billion received from the Plaintiff on or around the lower half of April 2014, 2014, 250 million out of the Plaintiff’s KRW 2,000,000,000 shall be repaid by either the principal and interest of KRW 200,000 on his/her behalf on April 22, 2015 on the Plaintiff’s D, and 30,000,000,000 out of the remainder shall be repaid by means of payment to the Plaintiff’s spouse

2. In a case where the principal received a demand notice from D or made a change in its repayment due to his/her failure to repay the above D debt principle, he/she shall immediately repay the additional KRW 250 million by the method of paying the Plaintiff’s spouse to the Plaintiff’s spouse, and the total repayment shall be KRW 50 million.5 million.

3. If the above facts are not fully or partially fulfilled, the principal shall immediately pay the Plaintiff’s spouse a total of one billion won and shall not raise a civil or criminal objection against the payment.

On March 27, 2017, Defendant B paid KRW 300 million to the Plaintiff on April 20, 2017 in accordance with the above payment note.

4) With respect to the repayment of the obligation to D under the above payment note, Defendant B’s “Defendant B shall be KRW 250 million from D” to July 3, 2017.

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