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(영문) 대구지방법원 2020.08.28 2020가단108537

약정금

Text

The Plaintiff

A. The Defendants shall be jointly and severally liable to pay KRW 55,00,000 and the amount shall be from December 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. Around June 2019, the Plaintiff filed a complaint with the investigative agency on May 2017, stating that “Around the end of 2017, Defendant B did not have the intent or ability to employ the Plaintiff’s son as a U.S. military as a U.S. military member, but is well aware of the person who left the U.S. military unit. Plaintiff D will be employed within 1 year at the latest within 4 months as a member of the duty suspension for the highest position of the U.S. military unit. Plaintiff D will return the total amount of 15 million won.”

B. On October 18, 2019, Defendant B recognized the above fraud, and drafted each of the following agreements and agreements with the Plaintiff, respectively, and paid KRW 50 million to the Plaintiff.

If the agreement does not repay by November 30, 2019, 50 million won on the day and the remaining 55 million won on the day, and if the agreement does not repay by November 30, 2019, it shall be paid by November 30, 201, the interest rate of KRW 10 million shall be calculated and paid later by December 31, 2019.

C. Defendant C jointly and severally guaranteed Defendant B’s obligation of KRW 55 million to the Plaintiff.

The Defendants sent to the Plaintiff as of the date of the closing of the instant case.

It does not pay all the obligations described in the subsection.

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1 through 3, and 5, and the purport of the whole pleadings; Defendant C: Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff, and the amount of damages for delay calculated at the rate of 24% per annum from December 1, 2019 to the date of full payment, which is the day following the due date, shall be determined by the Special Act on the Promotion, etc. of Legal Proceedings from March 24, 2020 to the day of full payment, as the Plaintiff seeks.