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(영문) 수원지방법원 2018.07.19 2017가단543856

약정금

Text

1. The Plaintiff:

A. Defendant D’s KRW 32,541,917 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On July 14, 2014, Defendant C: (a) decided to return KRW 25,000,000 to the Plaintiff by August 25, 2014; and (b) written and delivered a cash custody certificate stating that the return will be made by August 30, 2014, if the return is not made by August 30, 2014, by applying the statutory interest rate (Evidence 1; hereinafter “the cash custody certificate of this case”).

(2) On October 1, 2014, Defendant D promised to pay 200,000 won interest of KRW 25,000,000 to the Plaintiff on the 20th day of each month by Defendant C, and to fully pay KRW 25,00,000 on May 20, 2015. However, in the event Defendant C pays the above KRW 25,000,000, Defendant C drafted and delivers each letter (Evidence 2) that the obligation to pay to the Plaintiff is exempted.

B. (1) According to the above facts of recognition as to Defendant C, it is reasonable to view that Defendant C agreed to pay to the Plaintiff damages for delay at the rate of 5% per annum under the Civil Act, which is the statutory interest rate, from August 31, 2014, if it is impossible to pay by the due date, until August 30, 2014. As such, Defendant C is obligated to pay the Plaintiff damages for delay at the rate of 25,00,000,000 and the damages for delay from October 1, 2014 to November 21, 2017, as the Plaintiff seeks, from October 1, 2014 to November 21, 2017 (i.e., 25,00,0000 x 0.05 x 1148/365 x 1465 x 281,531,206, the following day of this case’s complaint, and damages for delay from the date of this case’s complaint.

Meanwhile, on the other hand, under the premise that there was an agreement on delay damages by 9.6% per annum with respect to Defendant C, the Plaintiff is entitled to pay damages for delay at the rate of 15% per annum from October 1, 2014 to November 21, 2017, based on the assumption that there was an agreement on delay damages by 9.6% per annum. However, the Plaintiff and Defendant C are entitled to pay damages for delay at the statutory interest rate as seen earlier.