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(영문) 수원지방법원안산지원 2016.06.14 2015가단115930
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from November 20, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 1, 2015, the Plaintiff and C Co., Ltd. drafted a letter of undertaking to pay KRW 70,000,000 to the Plaintiff with respect to the settlement of investment funds in installments, on August 10, 2015 and September 10, 2015, each of which is to pay KRW 35,000,000 in installments (hereinafter “instant letter of undertaking”).

B. The Defendant stated at the bottom of the instant letter of undertaking the following:

- - The following:

6.A “A” shall pay an amount of 10 million won to “B” on the following schedule:

On August 10, 2015: The attachment or provisional attachment procedure may proceed with with this document at the time of arrears on September 7, 2015, when repayment is made on September 7, 2015, and the statutory maximum overdue interest rate can be collected.

8. The confirmation documents (a seal imprint and identification card copy) relating to the joint and several sureties shall be sent to the address of “B” as specified.

Provided, That it shall be sent within one week.

Joint sureties

1. D and joint guarantor;

2. B

C. D is the representative director of the above company, and the defendant is the vice president of the above company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is liable to pay 70,000,000 won and damages for delay to the plaintiff, since the defendant jointly and severally guaranteed the obligation to pay the plaintiff the agreed amount to the plaintiff with the letter of undertaking of this case.

As to this, the defendant asserts to the purport that since there is no signature or seal of the defendant in the letter of promise of this case, the defendant did not establish a joint and several guarantee agreement for the

B. We examine the judgment, as recognized earlier, so long as the Defendant stated “Joint Guarantee 2B” in the instant letter of undertaking, it is reasonable to determine that the Defendant jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff.

Therefore, the defendant is the day following the delivery date of a copy of the complaint of this case sought by the plaintiff against the plaintiff of KRW 70,000,000.

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