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(영문) 인천지방법원 2020.11.05 2020가단2662

약정금

Text

Defendant B shall pay 80,00,000 won to the Plaintiff and 12% per annum from April 2, 2020 to the day of complete payment.

Reasons

1. Determination as to the claim against the defendant B

A. As to the part of the claim as to Defendant B among the grounds for the claim stated in the attached Form for indication of the claim

(b) Judgment by based service by publication (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. In full view of the overall purport of the arguments in Gap evidence No. 1, the judgment of the cause of the claim is examined, and as a whole, the defendant C agreed on Jan. 8, 2009 that "I will pay in installments the amount of KRW 80 million from the order of March 2009 to the order of March 8, 2009" (hereinafter "the instant agreement"), and "the agreed amount of KRW 80 million" is "the agreed amount."

(2) Defendant C is obligated to pay to the Plaintiff the agreed amount of KRW 80 million and damages for delay, barring any special circumstance. (1) Defendant C asserts to the effect that, inasmuch as the Plaintiff brought a lawsuit in this case after the lapse of 10 years, the claim for the agreed amount of the contract was already extinguished, the claim for the agreed amount of the contract cannot be complied with as the claim of the Plaintiff was already extinguished. However, as acknowledged earlier, Defendant C agreed to pay the agreed amount to the Plaintiff in installments from March 2, 2009, the claim for the agreed amount of the contract amount of this case shall be extinguished from the mid-term period of 2009, which is the due date of payment. Since the Plaintiff’s lawsuit in this case was filed on February 10, 202, which is ten years after the expiration of the contract amount, the claim for the agreed amount of the contract amount of this case shall be extinguished from the mid-term period of 2009, the claim of this case shall be made on March 10, 2009.