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1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from June 4, 2014 to the day of complete payment.
Reasons
Facts of recognition
On October 31, 2007, the Plaintiff, Nonparty C, and D agreed to conduct a business as a early ground by investing KRW 100 million each by the Plaintiff and C, and received a partner’s loan on the Plaintiff’s land as security. The Plaintiff, Nonparty C, and D were punished by imprisonment for four months for embezzlement in the Suwon District Court’s branch on July 9, 2013, by using the amount of KRW 30 million out of the above partner’s loan at his/her own discretion to pay his/her debt.
(C) On July 2, 2013, when the Plaintiff, the victim of the embezzlement case, filed an appeal against the above criminal judgment of the first instance court, and on July 2, 2013, the Defendant concluded a criminal agreement between the Plaintiff, the victim of the embezzlement case, stating that “The Defendant, by August 14, 2013, shall complete the litigation as to the 3,294 square meters of the above land (hereinafter “instant land”) and the co-ownership of 3,294 square meters of the above land (hereinafter “the instant land”). However, if there is a defect in the transfer of the above land’s co-ownership, the Defendant shall pay the Plaintiff the amount of 200 million won borrowed from the Plaintiff immediately, and the Defendant prepared the following 200 million won borrowed from the Plaintiff (Evidence 17).
[Attachment] Borrowing Amount: The plaintiff (A) and the debtor: the defendant (B) will issue to the defendant C a certificate of borrowing that the defendant will pay 20% (20% per annum to the principal and interest interest of the above amount to the plaintiff who is the complainant in lieu of the settlement amount for a certain portion of the agreement submitted to the defendant C, which is related to the criminal trial, in lieu of the settlement amount for a certain portion.
Provided, That where only a smooth resolution has been made in accordance with the agreement, it shall be null and void.
Since then, according to the above criminal agreement, the plaintiff submitted a written agreement to C to the appellate court of the above embezzlement case, and C was sentenced to a suspended sentence of two months in imprisonment with prison labor for the above appellate court.
The defendant on August 14, 2013 is as follows to the plaintiff.