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(영문) 창원지방법원 2017.03.09 2016가단11144
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,000,00 and 5% per annum from November 1, 2014 to August 22, 2016.

Reasons

1. Basic facts

A. From June 201, the Plaintiff, along with Defendant B and D, carried out a development project on neighboring land, such as neighboring land, Kimhae-si F, including the area of 716 square meters, which was located in the E-si.

B. Thereafter, Defendant B, on April 23, 2014, prepared a certificate of certification (hereinafter “instant certificate”) with the following contents for the settlement of the said real estate development project to the Plaintiff, and Defendant C jointly and severally guaranteed the said obligation to the Plaintiff.

“Defendant B shall pay to the Plaintiff all the agreements related to G currently pending in the lawsuit from G. Also, Defendant C, the wife of Defendant B, pays to the Plaintiff the full amount of the loan from the Korea Credit Guarantee Fund ( approximately KRW 150 million to KRW 200 million). The loan from the Korea Credit Guarantee Fund by October 31, 2014 is to be obtained by means of a loan from the Korea Credit Guarantee Fund until October 31, 2014.”

2. Determination

A. (1) The Plaintiff’s assertion is liable to pay the amount of KRW 150 million and damages for delay, which shall be paid with a loan from the Korea Credit Guarantee Fund, as part of the obligation based on the instant certificate.

(2) According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Defendants jointly and severally agreed to pay to the Plaintiff a minimum of KRW 150 million by October 31, 2014.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 150 million won and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 1, 2014 to August 22, 2016, which is the date of final delivery of a copy of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. (1) The Defendants asserted that the agreement for damages under the instant certificate was made against G.

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