약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On November 9, 2011, the Plaintiff and the Defendant agreed to pay 38,000,000 won to the Plaintiff by March 31, 2012 with respect to the Defendant’s obligation arising from the Defendant’s car rental to the Plaintiff, and on the same day, the Defendant prepared and delivered the loan certificate with the following content to the Plaintiff:
The borrowed principal of the loan (No. 1) : The principal of the loan (Won 38,000,000,000) shall be received from the gold day, and as such, I promise to perform the obligation as follows.
2. The principal and interest shall be paid on the day before March 31, 2012 by the clerk; 3. The principal and interest shall be paid at the address of the obligee; 4. The principal and interest shall lose the benefit of time and there shall be no objection, such as sub-delivery, even if they are subject to provisional attachment or compulsory execution due to other obligations.
4. He/she shall submit a certificate with joint signatures of guarantors for the following days:
Obligor A (Defendant) joint and several sureties on November 9, 201: omitted creditor:
B. Since then, the Defendant’s balance of the agreed amount with respect to the Plaintiff as of December 31, 2013, as of December 31, 2013, is KRW 25,071,815.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 25,071,815 won and damages for delay calculated at the rate of 20% per annum from February 21, 2014 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order.
B. The Defendant paid the agreed amount of KRW 38,00,000 on the BNS vehicle with the market price of KRW 38,000,000. The agreed amount is the amount that the Plaintiff operates illegally and transferred to the Defendant, and the Defendant is obliged to operate the place of business.