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(영문) 창원지방법원 2016.05.10 2015가단25245
약정금
Text

1. The Plaintiff:

A. Defendant B shall be KRW 60 million and the interest rate of KRW 15 percent per annum from November 25, 2015 to the date of full payment.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 and 2, or a dispute between the parties.

Defendant B received a contract from D on July 5, 2012 for a set of wood in the field of a golf course in Jeonnam-gun Egynam-gun, and during that process, Defendant B was required to pay the introduction fee to F who introduced the above construction.

B. Around that time, according to Defendant B’s request, the Plaintiff paid KRW 5 million to Defendant B, and KRW 5 million to F. Defendant B entered into an agreement with the Plaintiff on July 10, 2012, providing the Plaintiff with the degree of KRW 280 as collateral until repayment of the above KRW 55 million. Defendant B guaranteed Defendant B’s above loan obligation on the same day.

C. Defendant B, on August 28, 2015, served again on the Plaintiff.

In this paper, 60,000,000 won, including 5,000,000 won, were prepared and drawn up a letter to pay by October 30, 2015.

2. According to the facts of recognition as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 60 million and the damages for delay calculated at the rate of 15% per annum from November 25, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, and Defendant C, jointly with Defendant B, with the amount of KRW 55 million guaranteed by Defendant C, and the damages for delay calculated at the rate of 15% per annum from January 9, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. As to the Defendant C’s assertion, Defendant C guaranteed Defendant B’s obligation with the belief that Defendant B would provide the Plaintiff with the degree of 280 square meters of two houses owned by electric power resource as collateral, as agreed upon on July 10, 2012.

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