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(영문) 대구지방법원 김천지원 2021.02.03 2020가단3044
약정금
Text

1. The defendant shall pay 30,000,000 won to the plaintiff and 12% per annum from December 31, 2020 to the day of complete payment.

Reasons

1. The Plaintiff and the Defendant, on September 31, 2017, jointly investing in the C hotel to operate the C hotel. The Plaintiff’s 100,000,000 won and the Defendant’s 70,000,000 won have been invested respectively, and thereafter closed the business. Around July 23, 2019, the Defendant disposed of the leased deposit and the house as liquidation money to the Plaintiff, and paid KRW 30,000,000 by December 31, 2019, with the repayment of KRW 15,00,000 until June 31, 2020, respectively, and paid KRW 20,000,000 in addition to the above amount by December 31, 201.

Therefore, the Defendant is obligated to pay the delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the instant complaint to the day of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act concerning judgment by publication service.

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