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(영문) 서울남부지방법원 2016.12.15 2016가합103348
약정금
Text

1. The defendant shall pay to the plaintiff KRW 385,561,643 and KRW 198,00,00 among the costs, from December 16, 2016 to the date of full payment.

Reasons

1. Determination as to the claim for agreed amount

(a) The following facts may be acknowledged in full view of each of the statements and the whole purport of the arguments in Gap evidence 2 and Eul evidence 9 (including each number, if any; hereinafter the same shall apply) and all of the arguments.

1) On October 28, 2011, the Defendant issued the following loan certificates to the Plaintiff (hereinafter “the instant loan certificate”).

3) The agreement between the original Defendant and the Defendant to pay the amount as stated in the loan certificate of this case (hereinafter “instant payment agreement”).

(2) On March 2012, the loan certificate (Evidence 2) promised to pay KRW 22,200,000,000,000 for interest on KRW 198,000,000 for the outstanding interest on the portion C at the end of March 2012. If payment is not made, the Defendant paid interest monthly. (6.2~6.7) From May 2012 to April 2013, the Defendant paid KRW 12,00,000 per month to the Plaintiff as interest under the instant payment agreement (hereinafter “instant money”).

B. Determination as to the cause of claim 1) In a case where the authenticity of a document to dispose of an obligation to pay an agreed amount is recognized, unless there is any clear and acceptable evidence to deny the content of the statement (see, e.g., Supreme Court Decision 2000Da48265, Feb. 26, 2002). The loan certificate of this case is duly established by the Defendant is not disputed by the parties. Thus, barring any special circumstance, the Defendant is liable to pay interest of 22 million won to the Plaintiff under the instant payment agreement (i.e., interest of 198 million won (i., interest of 24 million won up to March 31, 2012) and the interest of 198 million won among them, as requested by the Plaintiff, to pay interest at the rate of 20 million won from May 1, 2013 to the date of full payment).

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