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(영문) 대구지방법원 2020.09.23 2020가단101673

약정금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 60,000,000 and the Defendant B Co., Ltd. from January 30, 2020.

Reasons

In settling the transaction on January 16, 2018, when the Plaintiff, as the representative director of the Defendant Company, paid advance payment to Defendant B Co., Ltd. (hereinafter “Defendant Company”), which is a structure dismantling company, and received said advance payment, the Defendant Company agreed to return KRW 110,00,000 to the Plaintiff by June 30, 2018. Defendant C, who is the representative director of the Defendant Company, has jointly and severally guaranteed this; the fact that the Defendant Company paid KRW 30,000,000 on April 8, 2019; and the fact that the Defendant Company failed to pay the remainder after paying KRW 20,00,000 on May 17, 2019 is recognized by adding the entire purport of the pleadings to the Plaintiff’s evidence Nos. 1 through 5.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 60,000,000 won with 12% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 5, 2020 to the day of full payment after the delivery of a copy of the complaint of this case by the defendant B, and the defendant C also has a duty to pay the plaintiff 12% interest per annum from February 5, 2020 to the day of full payment.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.