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(영문) 서울북부지방법원 2017.10.19 2017가합21873

약정금

Text

1. The defendant shall be the plaintiff.

(a)a department of 1,384,66,792;

B. As regards KRW 1240,00,000 among the above money, from January 16, 2015;

Reasons

1. Determination as to the claim for agreed amount

A. According to the evidence evidence Nos. 15 and 18, the fact of recognition that: (a) the Defendant made an agreement between the Plaintiff on August 29, 2014 to pay the Plaintiff the amount equivalent to the payment amount of the bill to the Plaintiff not later than December 31, 2015 so that the Defendant can recover a promissory note equivalent to KRW 712,50,000 issued by the Plaintiff before the Plaintiff; and (b) the Defendant made an agreement to pay KRW 240,000 to the Plaintiff by January 15, 205 instead of the Defendant’s golf membership that the Defendant decided to transfer. (b) The agreement made between the Plaintiff and the Defendant stated the date following each due date (the initial date in the agreement made between the Plaintiff and the Defendant stated “from the due date,” but it is reasonable to regard the damages for delay as the date following the due date even if it was claimed by the Plaintiff in light of the meaning of damages for delay, the Plaintiff’s content, etc.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 952,50,000 (i.e., the amount equivalent to the bill price of KRW 712,50,000,000, which is 240,000,000) and damages for delay calculated at each rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 16, 2015 to February 28, 2017, which is clearly recorded that the delivery date of each of the instant payment order is the original delivery date of each of the instant orders for payment from January 1, 2016 to February 28, 2017, with respect to the amount of KRW 240,000,000.

2. Determination as to a claim for damages

A. On March 28, 2013, D Co., Ltd. (hereinafter “D”) borrowed KRW 1,500,000 from the Korean Bank (hereinafter “Korea Bank”) around March 28, 2013, and E Co., Ltd (hereinafter “E”) guaranteed the obligation to return the above loan to the Korean Bank.

(b).