약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The court's explanation of this case by the court of the first instance as to this case is consistent with the reasoning of the first instance judgment, except for the case where the defendant adds a judgment as to the part asserted as the ground for appeal to this court, as set forth in paragraph (2) below. Thus, this case is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The amendment of the judgment on the amendment and the additional argument shall be changed to the "each entry of the evidence A 1 to 3" in Part 18 of Part 3 of Part 1 of Part 3 of Part 1 of Part 3 of Part 3 of the judgment of the court of first instance.
The Defendant asserted that the Defendant did not have any obligation to pay damages for delay on the assertion of the Defendant and its determination, and the Defendant agreed with the Plaintiff that the Co-Defendant B (hereinafter only referred to as “B”) of the first instance trial agreed to limit the Defendant’s liability with respect to the debt of KRW 300 million owed to the Plaintiff to the extent of the principal amount of KRW 300 million. This is the case where B becomes final and conclusive as unable to repay the above loan debt to the Plaintiff, the Defendant would be liable for the Defendant’s intentional liability and pay the above loan debt within the limit of KRW 300 million in total, and the Defendant is not obliged to pay damages for delay
Even if the Defendant had a duty to pay damages for delay due to the failure to pay KRW 300 million to the Plaintiff until the agreed date, damages for delay calculated by the ratio of 20% per annum agreed by the Defendant to pay the Plaintiff to KRW 300 million payable to the Plaintiff should be reduced as so-called liquidated damages and its amount is excessive, so it should be reduced
Judgment
On December 7, 2011, where the Defendant’s decision on the obligation to pay damages for delay becomes final and conclusive as to the obligation to pay the loan amount of KRW 300 million to the Plaintiff by B between the Plaintiff and the Plaintiff, the Defendant is also liable to pay the loan amount of KRW 300 million, and the Defendant is also liable.