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(영문) 춘천지방법원원주지원 2017.06.27 2016가단34723
약정금
Text

1. The Defendant’s KRW 24,380,00 and the Plaintiff’s annual rate of KRW 5% from July 22, 2016 to June 27, 2017, as well as the following.

Reasons

With respect to the Plaintiff’s assertion based on the evidence No. 1, the Plaintiff’s assertion 1, upon the Defendant’s request on September 5, 2003, the Plaintiff jointly and severally guaranteed the Defendant’s credit card use payment obligation to Samsung Card Co., Ltd.. from October 2003 to October 2004. The Plaintiff repaid KRW 2,639,00 as a joint and several surety to Samsung Card Co., Ltd. with KRW 2,639,00. The Samsung Card Co., Ltd. used the Plaintiff as a joint and several surety for the Defendant’s credit card use payment obligation to the Plaintiff on October 8, 2004, the Plaintiff acquired the Defendant’s credit card use payment obligation from November 15, 2004 to March 22, 201, and the Plaintiff paid KRW 300,000,000 to the Plaintiff as above, the Plaintiff paid KRW 30,000,000 as the interest payment obligation to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 3,438,00 ( KRW 35 million - 620,000) and damages for delay calculated by deducting KRW 620,000,000, which the Defendant paid to the Plaintiff from March 23, 2010 to August 24, 2010, out of the agreed amount of KRW 35 million based on the loan certificate of this case.

Judgment

1. The submission of a document shall be made by the original, and the submission of evidence by a simple copy, not by the original, is, in principle, unlawful since there is no guarantee of accuracy. Thus, if disputes over the existence of the original and the authenticity of the establishment, and there is an objection from the other party against the substitution of the original, a copy may not be substituted by the original, whereas a copy shall be submitted as the original.

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