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(영문) 서울중앙지방법원 2015.09.02 2014가합30563

약정금등

Text

1. Defendant D’s KRW 105,00,000 for Plaintiff A and 5% per annum from May 31, 201 to July 23, 2014, respectively.

Reasons

1. Determination as to Plaintiff A’s claim against Defendant D

A. Around May 17, 2011, the Plaintiff’s assertion that “A promises the Plaintiff to assume the responsibility for the principal amounting to KRW 15 million by May 30, 201, and the Bank’s portion, and promises to fully repay the profits of the portion invested after February 201, 201.”

Therefore, Defendant D is obligated to pay the Plaintiff A the agreed amount of KRW 15 million and the interest and damages for delay from the date of preparation of each letter on the agreement ( May 17, 201).

B. 1) In light of the overall purport of the pleadings in the statement No. 3, the Plaintiff’s assertion is acceptable (Defendant D did not dispute the Plaintiff’s assertion without submitting a written reply even after having received the written complaint).

However, as Plaintiff A is, the period during which the contractual obligation under “each letter” is due is met is May 30, 201. Thus, damages for delay shall accrue from May 31, 201.

2) Therefore, Defendant D is obligated to pay to Plaintiff A the agreed amount of KRW 15 million and the amount of damages for delay calculated at the rate of 5% per annum from May 31, 2011 to May 23, 2011 (it shall be 5% per annum as stipulated by the Civil Act until July 23, 2014, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. Determination as to the claim against the defendant D and E by the plaintiff B and C

A. Plaintiff B and C’s assertion 1) agreed to the purport that “Around June 10, 201 with respect to the money borrowed from Plaintiff B and C, Defendant D shall pay to Plaintiff B and C for the interest purpose, the sum of KRW 20 million per day from June 14 to June 17, 2011, and the sum of KRW 20 million per day from June 20, 201 to June 30, and the sum of KRW 1 million per day from June 20, 201, shall be paid by June 30, and the principal shall be paid by June 30, 201” (hereinafter “instant agreement”).

(2) Defendant E also has the same day ( June 10, 201) as Plaintiff B and C’s investment amount as Plaintiff B and C.