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(영문) 서울중앙지방법원 2021.01.14 2020가단5157603
약정금
Text

The defendant shall pay to the plaintiff KRW 129,005,60 and KRW 112,165,60 among them, from April 16, 2018, and KRW 9,340,00 among them.

Reasons

The fact that the Defendant: (a) supplied the Plaintiff with a freezing of the amount equivalent to KRW 9,340,000 on November 15, 2017, and agreed to pay the amount by January 31, 2018; (b) C lent KRW 7,50,000 to the Defendant; and (c) the Plaintiff received the loan from C and received the loan from C and notified the Defendant of the transfer of the claim, there is no dispute between the parties.

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum under the Civil Act from February 1, 2018, which is the date of service of the original copy of the payment order in this case, from February 1, 2018 to May 22, 2020, the delivery date of the original copy of the payment order in this case, the delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, as sought by the plaintiff, as requested by the plaintiff, from May 23, 2020 to the day of the original copy of the payment order in this case.

2. In full view of the purport of the argument as a whole, the Defendant confirmed on January 9, 2018 that: (a) the amount of goods supplied by the Plaintiff to the Plaintiff to the Plaintiff to the Association Association Association D and E is KRW 112,165,600; and (b) electronic bills endorsed by the Plaintiff to the Plaintiff to the Plaintiff as the price for goods; and (c) the Defendant agreed on behalf of the Association Association D and the Association Association E to pay KRW 12,165,600 for the goods supplied by the Plaintiff to the said Association E by April 15, 2018.

The defendant asserts that the defendant is not responsible for the defendant as the representative director of F. F., who is not the defendant's individual, written the performance guarantee of Gap's evidence No. 1. However, the defendant's name, resident registration number, and address are only stated in the performance guarantee of Gap's evidence No. 1, and the contents of the performance guarantee are also satisfied.

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