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(영문) 서울동부지방법원 2015.01.20 2014가단113563
약정금
Text

1. The Defendant: (a) KRW 70 million to the Plaintiff and the Plaintiff’s 5% per annum from January 16, 2014 to May 22, 2014.

Reasons

1. Facts of recognition;

A. The plaintiff worked as the head of the non-party C Co., Ltd. (hereinafter referred to as "non-party C"). The defendant was the representative director of the non-party C Co., Ltd. who worked as the regular director of the non-party company D. The defendant, on January 2, 2009, issued to the plaintiff a written confirmation that "the defendant confirmed that the non-party company would pay back the damages to the non-party Co., Ltd. borrowed money from E after five years (hereinafter referred to as "the written confirmation of this case").

B. On January 15, 2009, the Plaintiff repaid KRW 75 million to E for the non-party company.

C. On January 24, 2014, the Defendant repaid KRW 5 million to the Plaintiff according to the instant confirmation document.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, since the plaintiff paid 75 million won to E for the non-party company for the non-party company, the defendant is obligated to pay 70 million won (75 million won - 5 million won) with the agreed amount in accordance with the letter of confirmation of this case, and the defendant has promised to pay the plaintiff five years after the date when the letter of this case was prepared, the due date shall be deemed to be January 15, 2014 after the lapse of five years from January 15, 2009.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 70 million and 5% per annum from January 16, 2014, the following day after the due date until the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. The defendant's argument (1) is first, the non-party company borrowed KRW 150 million from the non-party company's driver E, which was well known to the plaintiff, and thereafter, E, from the F that decided to acquire the non-party company, 50% of the above loans, and the remaining 50% of the loans, shall be recovered through the plaintiff.

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