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(영문) 대구지방법원포항지원 2015.09.15 2015가단5888

약정금

Text

1. The Defendant’s KRW 28,00,000 and the Plaintiff’s annual rate of KRW 5% from November 21, 2014 to June 5, 2015.

Reasons

1. Facts of recognition;

A. On September 2014, the Defendant: (a) paid KRW 30 million to the Plaintiff in installments; and (b) paid KRW 1 million each month from September 2014 to September 20; and (c) agreed to lose the benefit of time and pay the unpaid amount in a lump sum.

B. Since then, the Defendant paid only twice to the Plaintiff two million won.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of the agreed amount of KRW 28 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from November 21, 2014 to June 5, 2015, which is the day after the Defendant delayed the payment of the said agreed amount, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim is justified.