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(영문) 서울북부지방법원 2015.07.01 2014가단39364

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) KRW 12,00,000 and the delay damages in attached Form 12.0.

Reasons

Around October 2013, NFF Entertainment Co., Ltd. (hereinafter “Nonindicted Company”) agreed to pay 60 million won of mental consolation benefits to the Plaintiff, who is the wife of the deceased, in addition to the industrial accident compensation, in addition to the industrial accident compensation, as a result of August 5, 2013, in five years from the end of each month, and the Defendants jointly and severally guaranteed the above obligation of the Nonparty Company.

(hereinafter “instant agreement”). Nonparty Company paid a total of KRW 5 million to the Plaintiff by June 5, 2014.

[3] The Defendants are jointly and severally liable to pay to the Plaintiff 1,00,000 won per annum 20% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the respective date to the date of full payment, as stated in the Schedule on June 17, 2015, which is the date of closing the argument in this case. The Defendants are jointly and severally liable to pay to the Plaintiff the damages for delay calculated at the rate of 12,00,000 won per annum from the date of each day to the date of full payment as stated in the Schedule on June 30, 2015 to December 31, 2018.

(The latter part recognizing the future performance cannot expect voluntary performance when the due date comes, in light of the fact that the payment of the installment payment due by the non-party company and the Defendants is considerably delayed, and thus, it is necessary to claim in advance a prior claim. The Plaintiff claims for the payment of the total amount of KRW 5 million under the agreement in this case and for the delayed payment calculated at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of a copy of the complaint in this case to the day of full payment. However, there is no evidence to acknowledge that there was a special agreement between the parties on the installment payment of the agreed amount in this case.