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(영문) 수원지방법원평택지원 2015.05.01 2015가단40253

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from December 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On October 10, 2014, the Plaintiff prepared a written agreement of compliance (hereinafter “instant written agreement”) with the Defendants as the Plaintiff (A) creditor, (B) debtor, Defendant B, and (B) guarantor, and Defendant C (hereinafter “instant written agreement”). The main contents are as follows.

1) A debtor (B) acknowledges the existence of 100 million won as the total amount of debt to a creditor (A) with the total amount of debt, and the payment shall be made in installments by the method of payment, with the first priority, to the creditor (A) by November 30, 2014, and the payment method of 20 million won for the balance 90 million won shall be paid to the creditor (A) by November 30, 2014. (2) The payment method for the remainder 90 million won shall be 50 million won by the 16th of each month from April 25, 2015 to July 25, 2016.

3) The surety(s) shall be jointly and severally liable to the obligor(s) against the obligee(s) for the above amount of the debt, and if the obligor(s) shall repay to the obligee(s) the amount unpaid at the time of the delay of performance. 4) If the obligor(s) shall fail to repay to the obligee(s) once to repay the said amount, the obligor shall lose the benefit of the time limit referred to in the above paragraph(s) and immediately repay to the obligee(s) the total amount of the debt, even if there is no demand to pay any delay or default, and shall bear to the obligee(s) for the delayed amount at the rate of 20% per annum.

B. Meanwhile, Defendant B did not pay to the Plaintiff KRW 20 million as stated in paragraph (1) of the instant letter of agreement by November 30, 2014. [The fact that there is no dispute between the parties to the instant agreement, the entry of evidence No. 1, and the purport of the entire pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 100,000,000 and damages for delay at the rate of 20% per annum from December 1, 2014 to the date of full payment, which is the day following the date of loss of the agreed interest.

3. The defendants.