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(영문) 서울동부지방법원 2016.11.29 2015가합3790
약정금 등
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendants jointly and severally file for the Plaintiff (Counterclaim Defendant) KRW 1,132,932,787 and the aforementioned amount on February 2012.

Reasons

The Defendants, which caused the Plaintiff’s assertion, borrowed a considerable amount of money from the Plaintiff for the purpose of using it in the construction of a new house located in Namyang-si.

On August 25, 2010, the Plaintiff and the Defendants settled the amount of debt to the Plaintiff at KRW 1.87 billion, and agreed to pay it by November 30, 2010.

Nevertheless, the Defendants paid KRW 250 million around the end of November 2010, and paid KRW 450 million on February 21, 2012, and did not pay the remainder.

Therefore, as of February 21, 2012, the Defendants are obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 18% per annum from February 22, 2012 to the day of full payment. As such, the Defendants are obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 18% per annum.

The Defendants asserted that they borrowed KRW 670 million on September 7, 2007, and KRW 450 million on March 9, 2009, without setting interest and maturity period from the Plaintiff, and KRW 670 million on March 9, 2009, and among them, borrowed KRW 670 million on the collateral of KRW 200 million, and set up the right to collateral security (hereinafter “each of the instant collateral security”).

Inasmuch as the Plaintiff additionally lent KRW 400 million to the Defendants, the Defendants issued a promissory note of KRW 1.87 billion at par value on August 17, 2010 to the Plaintiff, and the promissory note was prepared, but the Plaintiff did not lend KRW 400 million to the Plaintiff.

The Defendants, as above, repaid the total of KRW 1120 million (i.e., KRW 670 million), KRW 250 million on January 22, 2008, KRW 100 million on September 3, 2009, KRW 61.2 million on March 31, 2010, KRW 100 on April 13, 2010, KRW 100 million on April 21, 2010, and KRW 450 million on the remainder of KRW 450 million on April 21, 2010.

The Plaintiff and the Plaintiff regarding the principal claim against Defendant B, the claims against Defendant C, D, and E.

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