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(영문) 울산지방법원 2017.01.26 2016가합1294

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 450,000,000 and the interest rate thereon from March 11, 2016 to the date of full payment.

Reasons

1. An agreement on recognized facts;

1. Defendant B has the obligation of KRW 1,000,000 to the Plaintiff.

2. Defendant B shall pay the Plaintiff KRW 150,00,000,000, out of the amount of debt, to the Plaintiff on December 26, 2015, and shall pay the Plaintiff KRW 300,000,000 on January 31, 2016.

3. Upon receipt of the payment of KRW 300,000,000, the Plaintiff withdraws the accusation against the Defendant B.

4. Defendant B shall pay KRW 350,000,000 to the Plaintiff on February 28, 2016

(A) In the event that Defendant B pays all the above money on the designated date by Defendant B on May 5, 200, the Plaintiff is deemed to have received the full amount of the debt without claiming the remainder from Defendant B. However, if Defendant B is due for the payment date, Defendant C Co., Ltd and Defendant D will not be held liable for the joint and several liability for the remainder after deducting the money paid out of the total debt amount of KRW 1,00,000,000.

6.The interest for arrears with respect to a debt shall be paid at the rate of 24 per annum.

On December 26, 2015, the Plaintiff drafted the following agreements with Defendant B, and Defendant C Co., Ltd and Defendant D jointly and severally guaranteed them.

B. The Plaintiff, Defendant C Co., Ltd. paid KRW 150,000,000 on December 26, 2015, and Defendant B paid KRW 300,000,000 on January 29, 2016 and February 2, 2016, respectively. Defendant C Co., Ltd paid KRW 100,000,000 on April 29, 2016.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, Defendant B and Defendant C are jointly and severally liable to pay the remainder amount of KRW 450,000,000 to the Plaintiff (i.e., KRW 1,000,000,000 - KRW 550,000,000) and the agreed interest for delay.

B. 1) The indication of claim against Defendant D: the legal provisions that apply the remainder of the agreed amount under the agreement dated December 26, 2015: