(영문) 수원지방법원성남지원 2017.09.01 2017가단11727

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(영문) 수원지방법원성남지원 2017.09.01 2017가단11727

약정금

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1. The Defendant shall pay to the Plaintiff KRW 48,00,000 and the interest rate of KRW 15% per annum from May 24, 2017 to the day of complete payment.

Reasons

Basic Facts

- On February 2, 2017, C prepared a letter of payment with the purport that KRW 51,200,000 shall be repaid to the Plaintiff in installments from February 25, 2017 to May 25, 202, and that the amount of payment in installments shall be paid in full by 80,000 on the 25th day of each month from February 25, 2017 to May 25, 202, and that the payment in installments shall be promptly forfeited and paid in full (hereinafter “instant letter of payment”).

- The Defendant, the mother of C, on February 2, 2017, entered his name in the joint and several surety column of the instant payment note, and delivered to the Plaintiff a written confirmation of the principal signature under the name of the Defendant issued on January 26, 2017. The phrase “C Guarantee” is written in the usage column of the said written confirmation of the principal signature.

- C has lost the benefit of time due to the delinquency of payment two times or more after the letter of rejection of payment in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, and the purport of the entire pleadings were determined, as seen earlier, the defendant guaranteed Eul's joint and several liability for the agreed amount of KRW 51,200,000 to the plaintiff, and the defendant, a joint and several surety, barring any special circumstance, has a duty to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 24, 2017 to the date of full payment, as requested by the plaintiff, as the defendant, a joint and several surety, has lost the benefit under the letter of payment of this case.

In regard to this, the defendant asserts that, in the form of formality, I merely stated the defendant's name in the blank letter of payment that I would prepare the letter of payment in this case, the defendant did not intend to guarantee the payment of the actual agreed amount. However, there is no evidence to acknowledge this.

The defendant's argument is without merit.

Rather, as seen earlier, the Defendant is C’s.

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