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(영문) 대구지방법원 2016.07.19 2016가단15706

보증채무금

Text

1. The Defendant: (a) KRW 29 million and the Plaintiff’s 10% per annum from March 1, 2016 to March 25, 2016, and the next day.

Reasons

In light of the facts stated in subparagraph 1 and the purport of the entire pleadings, the defendant, on December 18, 2015, has no dispute between the parties, or in full view of the purport of the statement and the argument in subparagraph 1, shall pay the Plaintiff the above money jointly and severally with C as to the obligation to pay the construction cost of KRW 30 million to the Plaintiff, until February 29, 2016. If the above money has not been paid up to that time, it can be acknowledged that the Plaintiff agreed to pay the above money with interest rate of KRW 10% per annum. The plaintiff voluntarily acknowledged the fact that he/she received the above amount of KRW 30 million from the defendant on March 4, 2016. Thus, the defendant is liable to pay the Plaintiff the remainder of KRW 29 million and delay damages.

In regard to this, the defendant asserted that the plaintiff paid additional KRW 2 million in addition to the above KRW 1 million recognized by himself, but there is no evidence to acknowledge it, and the defendant's above assertion is not accepted.

Therefore, the defendant is obligated to pay to the plaintiff the above 29 million won and the damages for delay calculated at the rate of 10% per annum, which is 15% per annum, and 15% per annum, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 1, 2016 to March 25, 2016, which is clearly indicated that the original copy of the payment order was served on the defendant from March 1, 2016, the day following the above payment period for the above 29 million won to the defendant. Thus, the plaintiff's claim is justified within the above recognition scope, and the remaining claims