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(영문) 인천지방법원 2021.01.14 2020가단233534

약정금

Text

The Defendants jointly share KRW 60,000,000 with the Plaintiff and Defendant B with respect thereto from December 11, 2012 to September 11, 2020.

Reasons

1. Determination as to the claim against the defendant B

A. On November 25, 2012, the Plaintiff entered into a loan agreement with Defendant B and the Plaintiff to lend KRW 60,000,00 to Defendant B as of December 10, 2012 (hereinafter “instant loan agreement”). Defendant B is obligated to pay damages at a rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is calculated on the date of receiving copies of the instant complaint from December 11, 2012 to September 11, 2020, which is clear that Defendant B received copies of the instant complaint, from December 11, 2012 to September 11, 2020.

B. Judgment deeming the confession as the basis (Article 208(3)2 of the Civil Procedure Act)

2. Comprehensively taking account of the overall purport of the pleadings as to the claim against Defendant C, Defendant B entered into the instant loan agreement with the Plaintiff on November 25, 2012, and the Plaintiff agreed to lend KRW 60,00,000 to Defendant B as of December 10, 2012, and Defendant C may recognize the fact that Defendant C guaranteed the Plaintiff’s obligation under the instant loan agreement against the Plaintiff. As such, Defendant C has an obligation to pay the Plaintiff the Plaintiff the amount of KRW 60,000,000 under the instant loan agreement and the amount of KRW 60,000 as of December 11, 2012, stating that Defendant C received a duplicate of the complaint of this case from Defendant C from May 25, 202, the following day after the maturity date of the instant loan agreement, and that Defendant C has no obligation to pay the amount of damages to Defendant C’s resident registration number as of May 25, 202.

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