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(영문) 대전지방법원천안지원 2016.10.06 2015가단19649
약정금
Text

1. The Defendant’s KRW 32,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 15, 2016 to October 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff invested KRW 1,300,000,00 in D Co., Ltd. (hereinafter “Nonindicted Company”) operated by Nonparty C, the father of the Defendant, and C jointly and severally guaranteed the repayment of the investment principal and profit of Nonparty C.

B. The plaintiff filed a loan claim suit against the non-party company and C as the Daejeon District Court Branch Branch Decision 2007Gahap2483 on August 23, 2007. The non-party company and C, as of August 23, 2007, jointly and severally, are liable to pay to the plaintiff the principal amount of KRW 1,390,000 and KRW 26,000 as of August 31, 200. The non-party company and C jointly and severally liable to pay the plaintiff the principal amount of KRW 13,00,000 each month from September 1, 2007 to December 31, 208 in addition to the interest rate of KRW 13,00,000 for the end of each month, and KRW 308,000 per annum from July 1, 207 to August 31, 207; and KRW 308,200,000 per annum.

C. From February 27, 2013, the Defendant, which received and operated Nonparty Company E, a local corporation in Indonesia, prepared and delivered to the Plaintiff a letter of payment (hereinafter “instant letter of payment”) to pay KRW 1,000,000 to the Plaintiff from February 27, 2013 to the end of each month.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 12, the purport of the whole pleadings

2. According to the above facts in light of the determination as to the cause of the claim, the Defendant may acknowledge the fact that the Plaintiff agreed to pay KRW 1,00,000,000, as long as E exists, from February 27, 2013 to the end of each month.

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