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(영문) 수원지방법원평택지원 2020.04.09 2019가단61036

약정금

Text

1. The defendant shall pay to the plaintiff KRW 115,00,000 and KRW 110,000 among them, from October 1, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On October 21, 2016, the Defendant agreed to pay KRW 5,00,00,000 to D Co., Ltd. with “The obligation (i.e., the obligation to pay KRW 110,000,000 and the damages for delay at the rate of KRW 20% per annum from October 1, 2015 to the date of full payment)” and litigation costs as “The obligation to pay KRW 5,00,000,000 to D Co., Ltd.” (hereinafter “the obligation to pay the instant agreed amount”).

(2) Around April 2018, the Plaintiff acquired the instant contractual obligation from D Co., Ltd., and notified the Defendant of the assignment of the claim upon delegation from D on May 1, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 15,00,000 won with the transfer money (110,000,000 won) and 110,000,000 won among them, 20% per annum from October 1, 2015 to the date of full payment, and 5,000,000 won per annum from June 14, 2019 to the date of full payment.

(1) The Defendant’s claim for damages for delay in excess of 12% per annum from June 1, 2019 following the amendment of “the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings” is applicable. (2) The Defendant’s claim as to the Defendant’s claim on June 1, 2019 is dismissed.

3. In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is without merit.