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(영문) 서울중앙지방법원 2020.07.09 2019가합550314
약정금
Text

1. The Defendant’s KRW 303,698,630 as well as 5% per annum from October 22, 2019 to July 9, 2020 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The same year between C and the Plaintiff on May 24, 2019

7.30 million won until 30.30 billion won, and the same year.

9. The fact that the Defendant agreed to pay a total of KRW 400 million up to 30 million, including KRW 100,000,000,000,000, which is jointly and severally guaranteed by C to the Plaintiff by the Defendant, and the fact that C paid KRW 100,000 to the Plaintiff on October 21, 2019 by the Plaintiff is not in dispute between the parties, or that the purport of the entire pleadings is neglected in each description of evidence Nos. 1, 2, and 3.

(b) 3,410,959 won [3,00 x 300,00 won x 360,000 won [30,000 won x 360,000 won x 365,000 won] x 360,79 of the agreed amount which is the following day after the due date for performance as to the agreed amount which is 300,00,000 won which is July 30, 2019 to October 21, 2019] and (2) The obligation of which the due date is 1,00,00,000 won which is 30,000 won which is the agreed amount which is 30,000,000 won which is the due date for performance as above (i.e., the obligation of which is 30,000,000 won x 360,367,000 won [360,716,20105] x 1636,7,00010.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of KRW 303,698,630 of the remaining principal amount of the joint and several liability obligations of this case and KRW 5% per annum under the Civil Act from October 22, 2019 to July 9, 2020, which is the day following the date of this decision, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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