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(영문) 인천지방법원 부천지원 2018.01.18 2017가단6605

약정금

Text

1. As to KRW 386,005,713 and KRW 75,00,00 among them, the Defendant shall pay to the Plaintiff KRW 386,05,713 from November 8, 2017 to January 18, 2018.

Reasons

1. The plaintiff asserted that the plaintiff is obligated to pay to the defendant the amount of KRW 75,00,00 and the amount of KRW 25% interest per annum from September 5, 1998 to the date of full payment. The defendant was paid KRW 39,593,602 in total on three occasions from the defendant. Thus, the defendant is obligated to pay the plaintiff the amount of KRW 386,262,560 and the amount of KRW 75,00,00 and the amount of KRW 25% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment.

2. According to the records of Gap evidence No. 1, "the defendant paid 75 million won to the plaintiff and 25% interest per annum from September 5, 1998 to the day of full payment" can be acknowledged that the payment order became final and conclusive.

However, the sum of principal and interest pursuant to the Plaintiff’s request until May 17, 2017, up to KRW 425,59,315 [75,00,000 won 75,000 won X 0.25% X 0.25% X (255/365, 18)]. The Plaintiff was paid 39,593,602 won by the Defendant as the person who was paid the payment, and the Plaintiff was the person who was paid the payment of KRW 16,37,435 won on July 18, 2007, and March 12, 209,905,28,285 won on March 25, 2008, and August 21, 2008.

B. Upon deducting B, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of KRW 386,005,713 ( KRW 425,59,315 - KRW 39,593,602) and KRW 75,00,000, whichever is the day following the delivery of a copy of the complaint of this case, to November 8, 2017, which is the day following the delivery of a copy of the complaint of this case, and KRW 5% per annum as prescribed by the Civil Act from January 18, 2018, and damages for delay calculated by 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to

3. If so, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.