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(영문) 대구지방법원의성지원 2015.02.04 2014가단2657

약정금

Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 40,000,00 and the interest rate thereon from November 19, 2014 to the day of full payment.

Reasons

1. The Plaintiff suffered damages of KRW 40 million by deceiving Nonparty D.

When the Plaintiff urged D to pay the amount of damage caused by fraud, the Defendant, who is D, agreed to pay the amount of damage KRW 40 million to the Plaintiff on November 23, 2013, but paid KRW 500,000 each month by December 30, 2020, and if the Defendant fails to perform it, he/she would lose the benefit of time.

In addition, D's omission C has jointly and severally guaranteed the above debt of the defendant.

Since the defendant has lost the benefit of time by failing to perform the contract under the above agreement, the plaintiff is jointly and severally with C to pay the above 40 million won and damages for delay.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).