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(영문) 대전지방법원 홍성지원 2017.02.08 2016가단9551
계금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 41,50,000 and Defendant B with respect thereto from April 8, 2016 to November 29, 2016.

Reasons

1. The fact of recognition that Defendant B subscribed to the bid awarded by the Plaintiff, which paid a total of 20,000 won on August 7, 2014, on a total of 20,000 won.

around October 8, 2014, Defendant B, upon receiving KRW 33,855,00 from the Plaintiff, prepared to the Plaintiff a certificate of borrowing (certificate of acceptance) stating that he/she will pay KRW 2,50,000 per month until April 7, 2016 (2.5 million x 18 times = 45 million). Defendant C guaranteed the above obligation against the Plaintiff on the same day.

Defendant B paid to the Plaintiff KRW 1.5 million on November 7, 2014, KRW 1.0 million on December 2014, KRW 1 million on and around January 2015, KRW 3.5 million on and around January 2015.

[Ground of recognition] Unsatisfy, Gap 1-1 to 1-3, the purport of the whole pleadings

2. According to the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the remainder of KRW 41.5 million (i.e., KRW 45 million - KRW 3.5 million) excluding the remainder of the total amount of KRW 3.5 million that the Plaintiff has been jointly and severally paid to the Plaintiff (i.e., KRW 45 million - KRW 3.5 million) and Defendant B is jointly and severally liable to pay damages for delay at the rate of 5% per annum from April 8 (the day following the due date for payment) to November 29, 2016 (the delivery date of a copy of the complaint to Defendant B), and at the rate of 15% per annum from the next day to the date of full payment (the due date for payment) until October 12, 2016 (the day following the due date for payment to Defendant C).

3. Conclusion, the Plaintiff’s claim against the Defendants is justified, and all of them are accepted.

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