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(영문) 춘천지방법원강릉지원 2017.05.23 2016가합632
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 228,000,000 won and the Defendants A and B, respectively, on February 18, 2017.

Reasons

1. Indication of claim;

A. On October 12, 201, Defendant A agreed to pay KRW 228 million to the Plaintiff at the rate of KRW 30 million per month from December 5, 2011 to the date of full payment. At the time, Defendant B and C jointly guaranteed the Plaintiff’s obligation to pay the said agreed amount.

B. Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from February 18, 2017, which is the day following the delivery date of the copy of each of the instant complaint, as sought by the Plaintiff, and Defendant C is liable to pay to the Plaintiff damages for delay at the rate of 15% per annum from December 14, 2016 to the day of full payment, which is the day following the delivery date of the copy of the instant complaint.

2. Grounds for recognition;

(a) Claim against Defendant A and B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. Claim against Defendant C: Judgment by deemed confession (Article 208(3)2 of the Civil Procedure Act, and the above Defendant did not give any answer after being served with a duplicate of the complaint of this case, and did not appear on the date for pleading, and therefore, it is deemed that all the Plaintiff’s allegations were led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.

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