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(영문) 서울서부지방법원 2014.06.19 2013가합9826

약정금

Text

1. Defendant B shall pay to the Plaintiff KRW 210,00,000 as well as 20% per annum from July 27, 2013 to the date of full payment.

Reasons

The Defendants asserted by the parties, while borrowing KRW 160 million from the Plaintiff, decided to return the principal and interest KRW 50 million to the Plaintiff by April 2013.

Therefore, the Defendants should jointly and severally return to the Plaintiff the total amount of KRW 210 million and interest.

Defendant C introduced to the Plaintiff the land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun upon the request of the Plaintiff to introduce the real estate to be invested.

Accordingly, the plaintiff has entered into an investment agreement with the defendant B on the land and paid the above amount to the above defendant, and the defendant C is not a party to the above investment agreement, and there is no need to prepare the above letter of commitment, so there is no responsibility to pay the above amount.

Judgment

On September 11, 2012, the Plaintiff leased Defendant B with KRW 160 million (hereinafter “instant money”).

On October 24, 2012, Defendant B, as a security, transferred 20,814.6 square meters to the Plaintiff, and, after six months, drafted a letter of undertaking to pay the principal of KRW 160,000,000 and interest KRW 50,000,000 (hereinafter “instant letter of undertaking”).

Therefore, according to the above agreement, Defendant B is obligated to pay to the Plaintiff the principal of KRW 210 million (i.e., KRW 160 million with interest of KRW 50 million) and to pay damages for delay at a rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 27, 2013 following the delivery of the original copy of the instant payment order to the date of full payment, as sought by the Plaintiff after April 24, 2013, which is the due date under the above agreement.

The applicable provisions of law: (Article 208(3)2 of the Civil Procedure Act) comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 1, 2, and 8 against Defendant C, each of which is determined as to whether to grant confessions (Article 208(3)2 of the Civil Procedure Act). < Amended by Act No. 1141, Sep. 10, 2012>