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(영문) 부산지방법원동부지원 2020.11.26 2018가합107694 (1)

약정금

Text

1. Defendant M shall be KRW 100,000,000 for Plaintiff A, KRW 160,000 for Plaintiff E, KRW 100,000 for Plaintiff F, KRW 100,000 for Plaintiff F, and Plaintiff G.

Reasons

1. As to the determination of the claim against the Defendant M with respect to the Plaintiff A, E, F, G, and H’s claim, the said Plaintiffs were as to the construction and sale of T-use building with respect to the Defendant M, etc., registered as the joint representative of the business entity of S, “S,” the Plaintiff A shall be paid KRW 100,000,000 on October 18, 2018; Plaintiff E shall be paid KRW 160,000,000 on September 30 and October 27, 2017; Plaintiff F shall be paid KRW 10,000,000 on September 28, 2017; Plaintiff G shall be paid at least KRW 0,000 on the agreed date for the investment principal and KRW 0,000 on September 29, 2017; and Plaintiff H shall be paid at least KRW 00,000,000 on the agreed date for investment principal and KRW 10,500,000 each of the agreement.

Therefore, Defendant M is obligated to pay Plaintiff E totaling KRW 160,00,000 of the invested principal, KRW 100,000 of the invested principal, KRW 100,000,000 of the invested principal, KRW 100,000 of the invested principal, KRW 190,000 of the invested principal, KRW 195,000 of the agreed amount under the above undertaking to Plaintiff H, and KRW 195,00,00 of the agreed amount under the above undertaking to the Plaintiff H, and each of them is clearly recorded on the date following the delivery date of a copy of the complaint of this case sought by the said Plaintiffs from January 15, 2019 to May 31, 2019, KRW 15 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and KRW 12% per annum under the same Act from the next day to the day of full payment.

The above plaintiffs claim damages for delay calculated at the rate of 15% per annum for the period from June 1, 2019 to the date of full payment. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is the statutory interest rate.