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(영문) 인천지방법원부천지원 2017.08.23 2017가합178

약정금

Text

1. The Plaintiff:

A. Defendant B: 110,000,000 won and 20% per annum from January 16, 2007 to September 30, 2015;

Reasons

1. Determination as to the cause of claim

A. Fact 1) On January 3, 2007, the Plaintiff entered into an investment agreement with the Defendants as Seoul Southern District Court 2007Gahap171, Seongbuk-gu Seoul, Seongbuk-gu, and one parcel (hereinafter “instant investment agreement”).

(2) On February 27, 2007, the court issued a ruling of recommending reconciliation with the following purport: “The Defendant shall pay to the Plaintiff KRW 220,000,000 as well as damages for delay calculated at the rate of 20% per annum from January 16, 2007 to the date of full payment.”

3) Defendant C had an objection to the above decision of recommending reconciliation. However, on March 22, 2007, the Plaintiff and Defendant B made a final and conclusive decision of recommending reconciliation with the purport that “Defendant C shall pay to the Plaintiff KRW 110,00,000 and damages for delay calculated at the rate of 20% per annum from January 16, 2007 to the date of full payment.” The above court decided on May 17, 2007 against Defendant C that “Defendant C shall pay to the Plaintiff 110,000,000 won and damages for delay calculated at the rate of 20% per annum from January 13, 2007 to the date of full payment.” The above decision became final and conclusive on June 16, 2007.

(5) The Plaintiff filed the instant lawsuit against the Defendants for the interruption of extinctive prescription of each of the above agreed amount claims against the Defendants (hereinafter “previous Claim No. 1”)

B. According to the above findings of the determination, Defendant B’s agreement amounting to KRW 110,00,000 and the amount equivalent to 20% per annum from January 16, 2007 to September 30, 2015, and damages for delay calculated at 15% per annum from the next day to the date of full payment, and at 20% per annum from the next day to the date of full payment, Defendant C’s agreement amounting to KRW 110,00,000, and the amount pertaining thereto are 20% per annum from January 13, 207 to September 30, 2015, and 15% per annum from the next day to the date of full payment.