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(영문) 서울중앙지방법원 2020.09.23 2020가단5154680
각서금 청구의 소
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 60,000,000 and the interest thereon from November 16, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 22, 2017, Defendant B Co., Ltd. (hereinafter “Defendant Company”) drafted a letter of non-performance (Evidence A1) as follows to the Plaintiff.

The letter of non-performance: The defendant company's letter of commitment that the sum of the 20 million won borrowed by D from the plaintiff and the 40 million won design cost shall be paid by September 22, 2017, in full, 60 million won, including the 20 million won borrowed by D from the plaintiff.

If it is impossible to comply with this, I shall be held liable for civil and criminal affairs.

Each person: Representative Director E of the defendant company (the seal impression of the defendant company): President C (the seal).

B. Since then, at the bottom of the Non-performance Statement, the Defendant Company’s relevant person added the sign “I will not perform the commitments, I will pay it on November 15, 2017.”

C. On December 4, 2017, Defendant C written to the top end of the Non-performance Statement, stating, “I agree to pay 2% interest each month from November 15 to the repayment of principal and interest, and I promise to repay the principal and interest until March 15, 2018.”

On July 24, 2018, E, the representative director of the Defendant Company, stated in the middle part of the non-performance letter as follows: “I agree to pay as top priority to the National Assembly Chairperson (Defendant) as if the sale approval was lowered; I will make every effort to pay by July 25, 2018.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff is liable to the Defendants for joint and several payment of KRW 60 million and damages for delay from November 15, 2017 to 24% per annum, as set out in the landmark.

Defendant C acknowledged the cause of the claim, but the Defendant Company asserts to the effect that the part of the interest agreement is arbitrarily agreed with the Plaintiff and is irrelevant to the Defendant Company.

B. We examine the judgment, and according to the above facts of recognition, Defendant C is the Plaintiff.

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