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(영문) 서울서부지방법원 2015.04.08 2013가합11423
약정금 등
Text

1. The Plaintiff:

A. Defendant (Appointed Party) is KRW 300,000,000 and its related thereto from December 1, 2010 to March 25, 2014.

Reasons

1. Basic facts

A. On August 3, 2010, the Defendant (appointed parties; hereinafter “Defendant”) agreed to pay the Plaintiff the debt amount of 300 million won as follows (hereinafter “instant agreement”).

(1) Promissory Notes in the face value of KRW 80 million issued by E on August 3, 2010, which is on the date of the agreement, shall be issued.

(2) A promissory note shall be paid in cash of KRW 20 million and KRW 40 million until August 31, 2010.

(3) Cash 100 million won shall be paid until October 10, 2010.

(4) By November 31, 2010 (to be deemed to mean November 30, 2011), 60 million won shall be paid in cash.

B. On September 17, 2010, the Selection C prepared a document stating that “The Plaintiff shall borrow KRW 20 million from the Plaintiff to make a reimbursement by September 30, 2010,” and delivered it to the Plaintiff.

C. On November 19, 2010, the Appointor D prepared a document stating that “the Defendant’s obligation to the Plaintiff is jointly and severally guaranteed KRW 25 million among the Defendant’s obligation to the Plaintiff, and the Defendant would substitute the Defendant’s repayment by the end of March 2011, and deliver it to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap 1, 4, and 5's statements (including each number), the purport of the whole pleadings

2. Determination as to the claim against the defendant

A. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 300 million and damages for delay calculated at each rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as requested by the Plaintiff, from December 1, 2010, the day following the last due date of payment of the contract, to the day of March 25, 2014 when the duplicate of the complaint was served on the Defendant, as requested by the Plaintiff.

B. The Defendant’s argument regarding the Defendant’s assertion: (a) as the Defendant transferred KRW 200 million claim for the construction cost of a construction company run by F to the Plaintiff via G, the Defendant’s birth.

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