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(영문) 제주지방법원 2017.04.24 2016가단55959
약정금
Text

1. The Plaintiff:

A. Defendant A and C jointly and severally share KRW 8,431,732 and each of them. From March 1, 2016 to July 1, 2016.

Reasons

1. The Plaintiff concluded a siren agreement with Defendant A and Defendant B, and gave a siren on the cause of the claim.

Defendant C is the representative of Defendant A, and Defendant D is the representative of Defendant B.

The Defendants may recognize the fact that the Plaintiff prepared the same repayment plan and each letter as the attached Form.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1-2 (including a branch number), and the purport of the whole pleadings, the plaintiff, in accordance with the purport of the whole pleadings:

A. Defendant A and C are jointly and severally liable to pay KRW 8,431,732 as well as damages for delay calculated at the rate of 20% per annum from March 1, 2016 to July 28, 2016, the delivery date of a complaint, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, as sought by the Plaintiff, from the next day to the day of full payment; and

B. Defendant B and D are jointly and severally liable to pay damages for delay calculated at the rate of 117,423,596 per annum as stipulated in the Act on Special Cases concerning Expedition, etc., as requested by the Plaintiff from March 12, 2016 to July 28, 2016, the delivery date of the complaint for the Defendant B from March 12, 2016 to July 28, 2016; Defendant D, from September 13, 2016, the delivery date of the complaint for the delay; and from September 13, 2016 to the full payment date.

2. Defendant B’s assertion of Defendant B’s assertion that the settlement of accounts was erroneous, but there is no evidence to acknowledge it, and the above assertion is without merit.

3. Conclusion, the plaintiff's claim is justified.

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