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(영문) 부산지방법원서부지원 2020.04.02 2019가단8472
약정금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 34,309,968 with C, as well as to the Plaintiff from September 6, 2019.

Reasons

Comprehensively taking account of the purport of the entire pleadings as to the statement in Gap evidence No. 1, C agreed that KRW 34,309,968, which occurred in the course of business, shall be paid in installments six times from June 2019 to November 2019, and the defendant jointly and severally guaranteed C’s obligation to pay in installments. However, C’s obligation to pay in installments under the above agreement may be acknowledged.

According to the above facts of recognition, since the defendant jointly and severally guaranteed the obligation to prohibit settlement of accounts against the plaintiff by C, the defendant shall pay jointly and severally to C and the plaintiff the agreed amount of KRW 34,309,968 and damages for delay calculated at the rate of 12% per annum from September 6, 2019 to the day of full payment, which is the day following the service of the original copy of the payment order sought by the plaintiff.

The plaintiff's claim is justified, and it is so decided as per Disposition.

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