beta
(영문) 서울중앙지방법원 2015.09.10 2013가합563677

약정금

Text

1. The defendant,

A. As to KRW 75,00,000 and KRW 50,000 among them, Plaintiff A shall be from August 1, 2013 to the date of full payment.

Reasons

1. Indication of claim;

A. Plaintiff A-related 1) The Plaintiff loaned KRW 10 million to the Defendant, who operates D on May 30, 2013, and KRW 40 million on or around May 31, 2013, and KRW 3.5% per month on or around May 31, 2013. In the event that Plaintiff A introduces a new member of D, the Plaintiff agreed to pay the fees calculated at a certain rate for the loan of the new member and that the Defendant may demand the Defendant to pay the above interest and the fee if the Defendant delayed the payment of the said fee three times or more. (2) The Plaintiff introduced the Plaintiff B to the Defendant as a new member of the Plaintiff B-D, and the Plaintiff’s lending KRW 15 million to the Defendant on or around May 31, 2013, the Defendant agreed to pay KRW 1.5 million for each of the above loans to the Defendant on or around June 1, 2013. < Amended by Presidential Decree No. 24270, Mar. 24, 2016>

3) The Defendant paid only interest on each of the loans described in paragraph (1) above to Plaintiff A until July 2013, and delayed payment of the above interest and fee.

4) Therefore, pursuant to the above agreement, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of 20% per annum from August 1, 2013 to the date of full payment with respect to the aggregate of 50 million won of the loan principal (a total of 50 million won of the above loan principal) and the interest or delay damages calculated at the rate of 10 million won per annum from August 1, 2013 to the date of full payment. (b) Plaintiff B-related 1 shall be determined at the rate of 3.5% per month from May 31, 2013 to the Defendant at the rate of 10 million won per month from June 4, 2013, and KRW 10 million per month from June 4, 2013, and KRW 40 million per month from June 5, 2013 to the Defendant’s repayment of the above interest.