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(영문) 서울서부지방법원 2019.03.13 2018가단211429
약정금
Text

1. The Defendant’s KRW 1.1 million to the Plaintiff, as well as 6% per annum from May 4, 2018 to March 13, 2019, and the next day.

Reasons

1. Facts of recognition;

A. On March 11, 2013, the Defendant loaned KRW 88,20,00 to D with interest rate of 10% per annum and December 30, 2014. On the same day, the Defendant was drafted by D and E, a joint guarantor, a notarial deed indicating the intent to recognize compulsory execution.

Article 10 (Deemed Collection of Repayments) (2) Of claims entrusted to B (the plaintiff, the same hereinafter shall apply) under this Agreement, claims recovered as a result of the continued collection activity conducted by A (the defendant, the same shall apply hereinafter) without the consent of B shall be considered to have been recovered, regardless of the conditions before and after it.

Article 11 (Fees and Delay Damages) (2) The debt collection fees to be paid to A shall be 30% (VAT limit) of the recovered amount.

(1) Article 13 (Suspension of Business and Termination of Contract) (1) A may terminate a contract in any of the following cases:

5. Where the contract is terminated for reasons other than Article 13(1) and (3), where the obligation is neglected for not less than one year after the conclusion of the contract, except for the reasons such as cancellation of resident registration and the progress of legal procedures, etc., the Party A shall pay to the Party A the termination fee equivalent to 10% (VAT separate) of the balance of the delegated claim amount.

(2) Notwithstanding the provisions of paragraph (1), where Eul proves in writing his/her efforts to debt collection, such as ascertaining the debtor's whereabouts, discovering assets, proceeding with other legal measures, etc., Gap shall pay to Eul the amount equivalent to the collection fees as agreed in Article 11 on the basis of the amount of the amount

Article 15 (Period of Contract) (1) The contract period shall be one year from the date of conclusion of the contract.

(3) The contract shall be automatically extended one year on the same terms of the contract unless written notice as to the extension of the period by Gap or Eul is given not later than one month prior to the end of the contract.

B. On March 17, 2014, the Defendant: (a) interest at the interest rate of KRW 97,020,000 = Principal amount of KRW 88,200,000.

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