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(영문) 서울북부지방법원 2018.01.18 2017가합23817

이행각서금

Text

1. The Defendant: (a) KRW 60 million to Plaintiff A; (b) KRW 800 million to Plaintiff B; and (c) KRW 800 million to Plaintiff B; and (b) from January 1, 2017 to May 12, 2017.

Reasons

1. Determination as to the cause of claim

(a)In full view of the facts without dispute over recognition, Gap evidence of 1 to 10 (including virtual numbers) and the whole purport of the pleadings, the following facts can be recognized:

① On July 27, 2006, Plaintiff A lent KRW 300,000,000 to the Defendant (the interest rate: 15% per annum within four months, 100% per annum after the lapse of 12 months, as well as the principal repayment), KRW 150,000,000 (the interest rate: 15% per annum within four months, and 40% per annum within six months, as well as the principal repayment).

② Around June 2006, Plaintiff B lent to the Defendant KRW 400 million (interest rate: 15% per annum within four months, and 100% per annum at the expiration of 12 months, the principal was repaid together with the dividend).

③ On November 6, 2015, the Defendant drafted a written statement of performance that the Plaintiff would pay the Plaintiff KRW 600 million in total, including the dividend, interest, etc. for about nine (9) years in the borrowed principal; and that the Plaintiff B would pay KRW 800 million in total, including the dividend, interest, etc. for nine (9) years in the borrowed principal, for nine (9) years from December 31, 2015.

B. The Defendant is obligated to pay to Plaintiff A 60 million won, Plaintiff B 80 million won, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 1, 2017 to May 12, 2017, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. All of the plaintiffs' claims are accepted.