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(영문) 서울중앙지방법원 2019.02.19 2018가단5200191

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from November 2, 2017 to September 28, 2018.

Reasons

1. According to the purport of Gap's statement and the entire argument as to the plaintiff's claim, according to the purport of Gap's statement and the whole argument, defendant Eul repaid KRW 200 million to the plaintiff Eul on November 1, 2016, and the defendant Eul, who is the mother of defendant Eul, prepared an agreement to guarantee the plaintiff's joint and several sureties (hereinafter "the instant agreement"), and delivered it to the plaintiff on November 4, 2016 after a notary public completed the authentication as Law Firm No. 1447, No. 2016.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 200 million and the interest or delay damages calculated at the rate of 5% per annum prescribed in the Civil Act from November 2, 2017 to September 28, 2018, which is the date of delivery of a copy of the complaint of this case from September 28, 2018, and 15% per annum prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Defendant B’s assertion is alleged to the effect that Defendant B drafted and implemented the instant agreement with the Plaintiff’s coercion, but there is no evidence to acknowledge this, and thus, Defendant B’s assertion is not acceptable.

3. citing the Plaintiff’s claim.